Sum Cheung Wai v. Tsui Hin Yuet

HCA 640/2014

ACTION NO. 640 OF 2014

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D E C I S I O N
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1.For the following reasons, I shall dismiss the Summons to adduce additional evidence by the defendant which is dated 16 December 2015.

2.Firstly, there is no evidence to explain the delay of the application.  Although Mr Chan is at pains to point out that the statements were produced at the PTR in October last year, it was made clear by the court to the parties that unless the matter could be disposed of by consent it would have to be dealt with in a formal application.  There is no satisfactory explanation as to why no formal application has been taken out until shortly before the trial.

3.Secondly, I am not at all satisfied that the evidence is of any real relevance.  In particular, I reject Mr Chan’s proposition that Ms Heidi Wai is entitled to perform a set-off exercise without the knowledge of the defendant.

4.Thirdly, I am persuaded by Mr Chu that if I were to allow the evidence it may cause embarrassment to the plaintiff in that the plaintiff may feel that he has to deal with the intricacies concerning accounting treatments.

5.For these reasons, the Summons is rejected.

[Submissions on costs of the application]

6.The costs of this application are to the plaintiff.  I note that this has taken the first hour of this trial.

Mr George Chu, instructed by Michael Pang & Co, for the plaintiff

Mr Maurice J Chan, instructed by Chak & Associates, for the defendant