Szeto Chak Mei v. Chan Lam Shan and Others

HCMP 836/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 836 OF 2012

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D E C I S I O N

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1.I give leave for the 1^st defendant to file the supplemental witness statement attached to the summons dated 20 July 2015, but only in respect of paragraphs 6 to 11 and paragraph 14. Much of the other paragraphs, as I see the position, is irrelevant, of no or no sufficient probative value.

2.Some of the allegations involved are allegations concerning other siblings who have not so far been called as witnesses by either side, and some of whom, as I understand the position, reside overseas.  There is little justification for admitting those paragraphs at this stage when the trial will be coming up in November.

3.As far as paragraphs 12 and 13 are concerned, they deal with the present or recent personal circumstances of the 1^st defendant and the financial contribution she receives from her children.  Mr Leung has not been able to satisfy me how these matters are relevant to the question of proprietary estoppel, or to the extent of the interest of the 1^st defendant in the property if she establishes her case of proprietary estoppel or to the reliefs that would be just to reflect such interest as she is able to establish in these circumstances.

4.The appropriate order, in my opinion, is to give leave to admit the paragraphs that I have already mentioned. 

5.So I will give leave to the 1^st defendant to file and adduce her supplemental witness statement dated 16 July 2015, with paragraphs 1 to 5 and paragraphs 12 to 13 redacted. 

6.Service of the supplemental witness statement be dispensed with. 

7.The plaintiff do have leave to file and serve a supplemental witness statement in reply, if any, within 21 days hereof.  

8.The parties’ supplemental witness statements do stand as evidence‑in‑chief at the trial unless otherwise directed by the trial judge. 

(Submissions as to costs)

9.I will order costs in cause in relation to the 1^st defendant’s summons dated 20 July 2015.

(Further submissions as to costs)

10.The 1^st defendant’s own costs be taxed in accordance with the Legal Aid Regulations.

Mr Jeffrey Li, instructed by Christine M Koo & Ip, for the plaintiff

Mr Paul H M Leung, instructed by C L Chow & Macksion Chan, assigned by Director of Legal Aid, for the 1^st defendant