Hong Kong Case Law: Decisions & Judgments

Topic

Change of expert

Legal area

Court

6 Aug 2021

CHOY YUEN ON, DAVID v. LAM KIN CHUNG AND ANOTHER

Citation

[2021] HKCFI 2290
Court

Court of First Instance
Case number

HCA110/2018

Although P's conduct involved delay, an unsubstantiated conflict complaint and failure to offer clear compensation for wasted costs, the court found supporting matters for P's loss of confidence in the expert and that impropriety sufficient to order P to pay D1's costs was not established; balancing the equities the court refused the first proposed variation but allowed part of the second, resulting in costs of the summonses to D1 (excluding the Master hearing), a full costs shift to D1 with certificate for two counsel if P fails the condition, and no order as to costs for the Master hearing…
6 Aug 2021

CHOY YUEN ON, DAVID v. LAM KIN CHUNG AND ANOTHER

Citation

[2021] HKCFI 2290
Court

Court of First Instance
Case number

HCA2599/2014

The court exercised its discretion afresh and, balancing P's partial justification for the change of expert against P's delay and failure to offer clear compensation for wasted costs, refused the 1st Proposed Variation but allowed part of the 2nd Proposed Variation: costs of P's summonses to D1 excluding the Master hearing; if P fails the Condition all costs including Master hearing and appeals to D1 with certificate for 2 counsel; if P meets the Condition there is no order as to costs for the Master hearing and the appeals; no order as to costs for the present variation application.
31 May 2021

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

Citation

[2021] HKCFI 1540
Court

Court of First Instance
Case number

HCAP4/2011

Permission to change the Defendants' psychiatry expert was granted because (i) this was not expert shopping—the original expert's report was favourable to Defendants; (ii) specialist expertise in old age psychiatry is relevant to the central issue of testamentary capacity and Prof Burns demonstrated greater relevant experience than Prof Lieh-Mak; (iii) the Defendants' asserted loss of confidence in Prof Lieh-Mak in that specialist context was a legitimate ground; and (iv) the prejudice and disruption to the Plaintiff were limited and outweighed by the need for a just resolution; accordingly s…
4 Feb 2021

CHOY YUEN ON, DAVID v. LAM KIN CHUNG AND ANOTHER

Citation

[2021] HKCFI 287
Court

Court of First Instance
Case number

HCA2599/2014

Applicant established sufficient, non-frivolous grounds (unanswered material queries and omission of very relevant ground-floor comparables in original expert's revised report) that justified substitution of expert to secure just resolution; balancing prejudice and wasted costs the court granted leave to substitute subject to conditions, notably a payment into court of HK$250,000 within 14 days as security; failure to comply results in dismissal of appeals.
4 Feb 2021

CHOY YUEN ON, DAVID v. LAM KIN CHUNG AND ANOTHER

Citation

[2021] HKCFI 287
Court

Court of First Instance
Case number

HCA110/2018

Although no sufficient evidence established a conflict of interest or breach of professional integrity by the original Savills valuer, there were genuine and credible concerns about omissions and unexplained valuation choices (notably omission of relevant ground-floor comparables and unexplained area treatment) that justified allowing a substitute expert to ensure just resolution; balancing case management objectives and prejudice, court granted leave to substitute subject to a condition requiring payment into court of HK$250,000 within 14 days, failing which the appeals would be dismissed.
20 Feb 2018

DAIMLER AG (FORMERLY KNOWN AS MERCEDES BENZ AG) v. HELGE HERBERT LEIDUCK, APPOINTED BY ORDER TO REPRESENT THE ESTATE OF HERBERT HEINZ HORST LEIDUCK, DECEASED AND ANOTHER

Citation

[2018] HKCFI 383
Court

Court of First Instance
Case number

HCA4089/1994

The court found Mr Durasov's report raised matters outside Mr Klenke's expertise that were pertinent to the just resolution of the issue and that the defendants had offered to secure liability for wasted costs; the plaintiff's opposition was unreasonable on the facts and therefore the defendants were granted leave to appoint Mr Durasov conditional on payment of HK$850,000 into court as security for the plaintiff's costs, with specified costs and procedural directions accordingly.
28 Dec 2017

LI CHING HAR AND ANOTHER v. WONG SUK KIT

Citation

LI CHING HAR AND ANOTHER v. WONG SUK KIT
Court

District Court
Case number

DCCJ4566/2014

The appeal was dismissed because the defendant failed to provide the grounds or methodology of the proposed substitute expert for the required comparison, the alleged defects in the original expert's preliminary report could be remedied by clarification and completion of tests, the application appeared more as a delaying tactic, and there was unexplained delay and prejudice to the plaintiffs; accordingly no very good reason existed to allow the substitution.
31 Oct 2013

YIP KWOK SUN v. POLY STYLE LTD

Citation

YIP KWOK SUN v. POLY STYLE LTD
Court

District Court
Case number

DCMP2891/2011

The master’s refusal to permit substitution was correct: the original survey report and the experts' joint statement sufficiently addressed the possession issue; there was no material change of circumstances between applications; the plaintiff's solicitors acted improperly in seeking a substitute expert without prior leave; permitting substitution would prejudice the defendant and delay the case; accordingly the appeal is dismissed and the master’s order is upheld.
24 May 2013

EHSANUL HAQ BAJWA v. HOSPITAL AUTHORITY AND ANOTHER

Citation

EHSANUL HAQ BAJWA v. HOSPITAL AUTHORITY AND ANOTHER
Court

Court of First Instance
Case number

HCPI1040/2004

Although the original expert withdrew, the plaintiff and his solicitors caused repeated delays, breaches of court orders and disproportionate cost and disruption in seeking replacement experts; accordingly the plaintiff must pay the costs of and occasioned by the change of expert and related interlocutory proceedings, the defendants' summons costs, and costs of the present application; those costs are to be summary assessed by a PI Master and further procedural sanctions (including an unless order for Revised Statement of Damages) are ordered to enforce prosecution of the claim.
22 Oct 2012

YU WAI YIN v. BALS HONG KONG LTD

Citation

YU WAI YIN v. BALS HONG KONG LTD
Court

Court of First Instance
Case number

HCPI643/2011

Leave to substitute the plaintiff's orthopaedic expert was refused because the proposed substitute did not identify cogent, omitted matters crucial to just resolution, the new opinion was equivocal and the application amounted to forum shopping inconsistent with case management principles.