Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pregnant negative doctrine
  • 9 Sept 2010

    WU CHING SAU v. NEW WORLD FIRST BUSSERVICES LTD

    Citation
    WU CHING SAU v. NEW WORLD FIRST BUSSERVICES LTD
    Court
    Court of First Instance
    Case number
    HCPI767/2009

    The court held that the defendant's defence consisted of simple traverses/non-admissions and did not plead an affirmative case (pregnant negative) that would oblige it to give further and better particulars; therefore the FBP summons was dismissed. The court found the requested documents items 1-3 speculative and not sufficiently relevant or necessary for fair disposal, so specific discovery on those items was refused. However, given pre-action correspondence, an affirmation by a defendant's representative and post-accident maintenance of the bus, the plaintiff established a prima facie case…