Hong Kong Case Law: Decisions & Judgments

Topic

Pre-trial review

Legal area

Court

14 May 2025

WONG MAN CHING, CHRISTINE, as executrix of the Estate of WONG TAI KIN, Deceased v. WONG YUNG MO AND ANOTHER

Citation

[2025] HKCFI 1936
Court

Court of First Instance
Case number

HCA305/2021

The court dismissed the defendants' applications to adduce the late witness statement of Eric Leung and the 3rd supplemental witness statement of the 1st defendant for lack of adequate explanation and because prejudice and potential disruption outweighed any marginal probative value; the court allowed only limited late disclosure (items 89–95 in the 4th Supplemental List) and ordered that the improperly filed Leung statement and the 3rd supplemental statement be expunged; defendants ordered to pay plaintiff's costs of the summons assessed at HK$63,050.
26 Mar 2025

KWAN KAM PING v. ANGEL FACE BEAUTY CREATIONS (INTERNATIONAL) LTD

Citation

[2025] HKDC 540
Court

District Court
Case number

DCPI426/2020

Solicitors on record owe a paramount and independent duty to assist the Court which overrides client instructions; accordingly the defendant’s solicitors were not entitled to refuse to prepare and lodge PTR/Trial bundles on the basis of their client’s instructions and the Court directed the defendant to prepare and lodge specified pre‑trial materials and complied with procedural requirements; the Joint Assessment Report accepted as expert evidence without calling the experts.
21 May 2024

BOLD SHINE INVESTMENT LTD v. TSUI YEE KWAN

Citation

[2024] HKCFI 1470
Court

Court of First Instance
Case number

HCA1867/1999

Given the procedural history, the express agreement between the parties at the pre-trial review that there would be no time limit and that the issue could be raised at trial, and the substantial factual overlap between the authority issue and the substantive claim, the court exercised its discretion to allow the defendants to challenge the plaintiff's authority to sue at trial and refused the plaintiff's application to prohibit that challenge.
2 Apr 2024

KONG SHU KING (be appointed as next friend for KONG YUK CHUEN pursuant to Order of Master Lai dated 29th January 2021) v. 张伟明, person appointed to represent the estate of CHEUNG SHAU PO, deceased AND OTHERS

Citation

[2024] HKDC 534
Court

District Court
Case number

DCCJ2934/2022

The court exercised its discretion to maintain the trial date subject to plaintiff proving good service by specified deadlines; the judge ordered the plaintiff to file and serve an affidavit of service and to lodge written opening and authorities, confirmed the existing expert evidence direction, ordered the trial to be conducted bilingually with translation of documents dispensed with, and directed costs of the PTR be in the cause.
8 Mar 2024

AC v. MFHJ

Citation

[2024] HKFC 44
Court

Family Court
Case number

FCMC17626/2012

The Master did not err: whether the Mother's variation application has merit required a Judge to consider all evidence; the Master properly exercised case management by adjourning the matter for a Pre-Trial Review and giving directions to prepare the application for substantive hearing, therefore the appeal is dismissed.
28 Dec 2023

YANG YANI v. FANG MINGYUN AND ANOTHER

Citation

[2023] HKCFI 3357
Court

Court of First Instance
Case number

HCA1439/2019

Balancing prejudice from delay against the need to secure a just resolution, the court found exceptional circumstances (prior solicitors' suspension and mishandling, failure to inform defendants) sufficiently justified the delay; the new evidence was relevant and corroborative, raised no new documents or substantive new issues likely to derail the trial, and therefore leave to file the supplemental and new witness statements was granted, with indemnity costs to the plaintiff and summary assessment reserved until after trial.
20 Jan 2023

KLYS v. TCKE

Citation

[2023] HKFC 17
Court

Family Court
Case number

FCMC10356/2013

The judge found that the applicant's ground — failure to serve a draft trial bundle index — did not establish that he could not prepare the required pre-trial documents, that a 7‑day extension was granted, and that there was no reasonable prospect of success nor any other interest of justice under s63A(2); accordingly leave to appeal was refused and the summons dismissed.
12 Aug 2021

HO YUK YEE v. THE SECRETARY FOR JUSTICE for and on behalf of FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

Citation

[2021] HKDC 910
Court

District Court
Case number

DCPI1052/2018

Plaintiff's solicitors failed to disclose the claimant's post-stroke inability to communicate orally, thereby jeopardising a running-list trial; the case must be removed from the running list, medical reports must be obtained to determine mode and length of evidence and costs wasted by that failure are prima facie payable by the solicitors personally on an indemnity basis unless they show cause otherwise.
14 Apr 2021

LAM HON KEUNG KEITH v. ELEGANT FUND LTD AND OTHERS

Citation

[2021] HKCFI 1282
Court

Court of First Instance
Case number

HCA2427/2015

The court exercised its discretion to adjourn because the plaintiff's unexpected death constituted exceptional circumstances; defendants failed to demonstrate specific prejudice from delay; accordingly the balance favoured adjournment, but the plaintiff (estate) must pay defendants' costs of and occasioned by the adjournment and vacating of the trial.
14 Apr 2021

LAM HON KEUNG KEITH v. JOLLIDA ENTERPRISES LTD AND OTHERS

Citation

[2021] HKCFI 1282
Court

Court of First Instance
Case number

HCA2428/2015

The court exercised its discretion to adjourn the trial because the plaintiff's untimely death constituted exceptional circumstances, defendants did not demonstrate specific prejudice from delay, and fairness required allowing the Executors reasonable time to obtain substitute evidence; accordingly the trial was vacated and the plaintiff (estate) ordered to pay defendants' costs of the adjournment and costs thrown away, taxed party-and-party if not agreed.