Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Expert witness directions

  • 9 Jun 2023

    曲秀紅 對 何佩佩及另一人

    Citation
    [2023] HKDC 921
    Court
    District Court
    Case number
    DCPI564/2021

    Extension of time was refused because the oral orders took immediate effect on 26 October 2022, the applicant's delay of about three months lacked an acceptable explanation (mere misunderstanding of procedure), and the proposed appeal had no realistic prospects since the registrar's decisions to exclude improperly filed materials, to strike out a non-compliant subpoena application, and to limit expert evidence were correct and justified; accordingly the application for late permission to appeal was denied and the appeal dismissed.

  • 25 Aug 2022

    SPARKLE CAPITAL LTD v. CHAN WAI MAN also known as CHAN WAI MAN IVAN

    Citation
    [2022] HKDC 903
    Court
    District Court
    Case number
    DCCJ1380/2018

    The plaintiff's application for expert evidence was reasonable given the technical nature of the work report; the defendant acted unreasonably in opposing the summons by denying necessity without proposing alternative expert directions, therefore the defendant must pay the plaintiff's costs of the summons and of the variation application, taxed if not agreed.

  • 7 Mar 2022

    HKSAR v. WAHAJ FYAZ

    Citation
    [2022] HKCA 316
    Court
    Court of Appeal
    Case number
    CACC87/2018

    The Court held the judge gave clear and adequate directions on inferential reasoning, did not shift the burden onto the defence, and properly instructed the jury on how to treat PW18's prior statements (which were not adopted and were put to assess reliability). The third video-recorded interview had been adduced as an admitted fact (a tactical defence decision). The expert pathology evidence did not create such a conflict as to render the trial unsafe and the jury were properly directed on the medical issues. No material irregularity rendered the trial unsafe and, in any event, the proviso w…