29 Jun 2015
The subpoena was not an abuse of privilege nor oppressive or vexatious because the medical evidence did not establish total mental incapacity, the witness could provide relevant evidence and the court could accommodate his medical condition; accordingly the application to set aside the subpoena was dismissed.
25 Jul 2003
The judge refused to make any interlocutory ruling on the medical evidence and treated the medical evidence as trial evidence to be assessed at final judgment; he held that costs for the Plaintiffs' applications to admit new evidence (30 June and 2 July), the Plaintiffs' application on 8 July and the adjournment of 7 July should be paid by Kwan Ko Siu Wah and Kwan Kay Cheong to Chow Sai Yiu and Chan Cheung Po, payable in any event, but not ordered to be paid forthwith or on an indemnity basis; other cost issues were reserved and a global costs order nisi was made that the applications for cos…
25 Jul 2003
The court refused to make interlocutory findings on the medical fitness of the witness and refused to allow expert evidence to be heard before completion of factual evidence; the court exercised its costs discretion and ordered Kwan Ko Siu Wah and Kwan Kay Cheong to pay the costs of Chow Sai Yiu and Chan Cheung Po in respect of the Plaintiff's application for admission of new evidence (30 June and 2 July 2003), the Plaintiff's application on 8 July 2003, and the adjournment of 7 July 2003; those costs are payable in any event and the court made a costs order nisi that the applications for cos…