Read the full judgment text of HCPI 642/2015 on BabelCite. This Court of First Instance judgment was delivered on 15 January 2016 before Master Leong.
Personal injury – hot air balloon accident in Egypt – death of Hong Kong residents – claim against Hong Kong travel agent – protective writ issued before limitation period – failure to serve writ – application by defendant to dismiss under Order 12 rule 8A and Order 2 of RHC, Cap 4A – whether inquest findings relevant to civil liability under Coroner's Ordinance (Cap 504) ss 27(b) and 44 – whether delay unreasonable and whether to impose time limit under Order 12 rule 8A(2) – Held: application dismissed – writ had not expired – claim not time-barred – relationship between defendant and Egyptian balloon operator unclear – further investigation reasonably required including pending death inquest – setting time limit premature – Dr. Gilbert Tien v William Lam Esq. [2004] 2 HKLRD 719 and Cheung Tai Fung v Hospital Authority DCPI 1606/2010 considered – defendant's application dismissed with costs to plaintiffs with Certificate to Counsel – summary statement of costs procedure ordered.
Legal issues: Whether the action should be dismissed for failure to serve the writ under Order 12, rule 8A · Whether the court should set a time limit for service of the writ under Order 12 rule 8A(2)
Outcome: The defendant's application to dismiss the action is dismissed.
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