31 Mar 2023
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
- [2023] HKCFI 445
- Court
- Court of First Instance
- Case number
- HCA4089/1994
The Inquiry Summons was dismissed as an abuse of process because the defendants' excessive delay in enforcing the undertaking combined with deliberate non-disclosure of material medical evidence concerning Mr Leiduck's dementia rendered a fair trial impracticable; the court applied the burden principles on witness competency under s 3(b) Evidence Ordinance and excluded post-2010 written and oral evidence as inadmissible, and awarded costs to the plaintiff on an indemnity basis save for a specific period.