5 Oct 1995
NGAI HUNG CHAU v. KWOK KEUNG and Others
- Citation
- NGAI HUNG CHAU v. KWOK KEUNG and Others
- Court
- Court of First Instance
- Case number
- HCA3731/1994
The historic prohibition on interrogatories seeking the names of potential witnesses is qualified: where an objecting party intends to call a witness it cannot withhold that witness’s identity and must give an express assurance if it will not call the witness. Separately, interrogatories served prematurely before directions for mutual exchange of witness statements and without justification are inappropriate and may be withdrawn. Applying these principles the appeal was allowed on the ground that the interrogatories were premature and unnecessary, and costs were awarded to the defendants.