Hong Kong Case Law: Decisions & Judgments

Topic

Witness competence

Legal area

Court

8 Jun 2023

THE INCORPORATED TRUSTEES OF THE SISTERS OF THE IMMACULATE HEART OF MARY v. 曹琳 AND OTHERS

Citation

[2023] HKCFI 1586
Court

Court of First Instance
Case number

HCMP2233/2020

The court refused leave because the proposed expert evidence was unnecessary and unlikely to assist: the plaintiff could obtain medical information without formal leave; there was no realistic prospect of a useful 'baseline' expert could provide; permitting such expert evidence risked usurping the court's role in assessing credibility; no draft expert report was produced to show necessity; and D1's stance removed the principal risk of an adverse inference.
16 Sept 2020

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO

Citation

[2020] HKCFI 2460
Court

Court of First Instance
Case number

HCA558/2015

The application to file the proposed Andreas Ananto witness statement was dismissed because the defendant had not been proven mentally incapacitated; the medical evidence was vague and did not establish inability to testify, and the proposed statement lacked sufficient personal knowledge and was essentially contingent. The application was therefore premature and may be renewed if the defendant's condition materially changes.
24 Feb 2017

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER

Citation

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER
Court

Court of First Instance
Case number

HCA4089/1994

On the available material the court was satisfied the 1st defendant was in need of a next friend due to pervasive cognitive decline evidenced in medical reports and trial testimony; balancing practical realities (location in Germany, need to obtain local medical records and witnesses, existing familiarity of Mr Leiduck Jr with the case) and absence of any other fit and willing person, the court appointed Mr Helge Leiduck Jr as next friend and ordered limited costs against the 1st defendant for the plaintiff's B&M Letter to be assessed summarily.
29 Jun 2015

LI SHIU TO v. CHEUNG PIK NG AND OTHERS

Citation

LI SHIU TO v. CHEUNG PIK NG AND OTHERS
Court

Court of First Instance
Case number

HCA416/2003

The subpoena was not an abuse of privilege nor oppressive or vexatious because the medical evidence did not establish total mental incapacity, the witness could provide relevant evidence and the court could accommodate his medical condition; accordingly the application to set aside the subpoena was dismissed.

Hong Kong Case Law

THE INCORPORATED TRUSTEES OF THE SISTERS OF THE IMMACULATE HEART OF MARY v. 曹琳 AND OTHERS

NEW WELL MASTER CO LTD (Formerly known as WELL MASTER CO LTD) v. TIDJAN ANANTO

DAIMLER AG v. HELGE HERBERT LEIDUCK AND ANOTHER

LI SHIU TO v. CHEUNG PIK NG AND OTHERS