Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Separate trial of preliminary issues

Legal area

Court

25 Jul 2008

CHEUNG YUK KWAN v. ROCCO DESIGN LTD

Citation

CHEUNG YUK KWAN v. ROCCO DESIGN LTD
Court

Court of First Instance
Case number

HCA1368/2005

The appeal was dismissed because the Master acted within discretion in ordering specific discovery: the management, audited and tax accounts were relevant to pleaded issues including credit and the definition of profits and could properly be used in cross-examination on credibility; given overlapping witnesses and the importance of assessing credibility holistically, it was not just or convenient to order separate trials of liability and quantum; refusal to allow the Defence amendment to delete para.7 for the liability trial was properly maintained.
10 Dec 1996

CHAN JAK TUNG T/A FORWARD & CO v. BALTRANS LTD AND OTHERS

Citation

CHAN JAK TUNG T/A FORWARD & CO v. BALTRANS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL137/1994

The Court refused the defendant's application for separate trials because the defendant failed to show it was just and convenient: the limitation defences were not purely legal, significant oral evidence and factual issues (eg delivery timing) were required, there was material uncertainty in the law likely to generate delay and appellate proceedings, and the risk of prejudice and duplication of evidence outweighed any speculative cost savings; accordingly the main action must proceed to full trial without severance.