16 Jan 2023
KWAN KWOK KI v. WONG TUNG HUNG AND OTHERS
- Citation
- [2023] HKCFI 150
- Court
- Court of First Instance
- Case number
- HCA1343/2014
The court allowed the defendants' summons for pre-trial examination of Mr Lam under Order 39 r 1(1) because his evidence is central and material to the pleaded No Loss Defence, he is the only witness who can give direct evidence on key facts, the quantum is substantial, and his advanced age combined with the COVID-19 pandemic creates a real risk of non-attendance; the order is conditional that any deposition is only receivable at trial upon proof that the witness is dead or unable through sickness or infirmity to attend, thereby balancing necessity against prejudice to the plaintiff.