Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

New evidence summons

Legal area

Court

3 Feb 2021

YU MAN FUNG ALICE v. CHIAU SING CHI STEPHEN

Citation

[2021] HKCFI 298
Court

Court of First Instance
Case number

HCA1584/2012

The judge exercised discretion under Order 62 to vary the order nisi: awarded defendant's costs of both actions with specified exceptions because (a) certificate for two Counsel was appropriate, (b) the parties' conduct and trial developments justified no order as to costs of Ms Yu's New Evidence Summons but required Ms Yu to pay costs of Mr Chiau's New Evidence Summons regarding Carol Gaw's notebooks, and (c) costs of the valuation expert opinion evidence were disallowed because the defendant conceded the valuation issue late, making that discrete concession justify depriving him of those pr…
3 Feb 2021

YU MAN FUNG ALICE v. CHIAU SING CHI STEPHEN

Citation

[2021] HKCFI 298
Court

Court of First Instance
Case number

HCA1243/2017

Applying the established discretionary principles, the judge gave weight to (a) the fact the plaintiff's 5 December 2017 email ultimately became evidence despite initial dismissal (justifying no order as to costs of that summons), (b) that the defendant's notebooks remained potentially relevant and his New Evidence Summons therefore should have costs follow the event (payable by the plaintiff), (c) the defendant effectively conceded the discrete valuation issue at trial such that his costs of obtaining expert valuation evidence were disallowed, and (d) preparation of witness statements for fa…