Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidential prejudice

  • 22 Apr 2002

    Chan Lai-ha v. Park Lane Towers Ltd.

    Citation
    Chan Lai-ha v. Park Lane Towers Ltd.
    Court
    District Court
    Case number
    DCEC617/1996

    The applicant's delay was inordinate and inexcusable; the cumulative effect of the delay caused serious evidential prejudice (faded witness memory, inconsistent accounts, and destroyed original medical notes) such that a fair trial was unlikely; accordingly both employee compensation claims were struck out as an abuse of process/for want of prosecution.

  • 23 Sept 1999

    WU KWOK BIU v. CHAN HO SUN

    Citation
    WU KWOK BIU v. CHAN HO SUN
    Court
    Court of First Instance
    Case number
    HCPI496/1998

    s.30 Cap.347 was engaged and it was equitable to disapply s.27 because the defendant suffered no substantial evidential prejudice (the key witnesses were untraceable even earlier), parties negotiated after limitation expired indicating the claim was not stale, the merits favored the plaintiff (defendant's guilty plea and tyre mark), delay of about eight months after expiry was not so long as to render trial unfair; accordingly the defendant's stay was refused and the action permitted to proceed.