Read the full judgment text of HCCT 14/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 July 2016 before Deputy High Court Judge Wilson Chan.
Procedure — Late application for leave to file supplemental witness statement — Principles from Parsad v Great Wealthy Engineering Co Ltd applied — Court exercises discretion to allow late filing where photographs were already referred to in original statement, no serious prejudice to opposing party, and credible explanation for delay — Application allowed shortly before trial commencement — Costs awarded against plaintiff. The plaintiff contractor claimed over HK$1.6 million against the defendant employer for fitting out works, who counterclaimed for delay and defective work. Defendant sought leave to file supplemental witness statement late to exhibit relevant photographs. Court held that the just resolution of the dispute favored admission, balanced against trial disruption and prejudice. Credible explanation and prior reference to the photographs meant no surprise or unfairness. Application granted, costs on plaintiff.
Legal issues: Discretion to allow late filing of supplemental witness statement
Outcome: Defendant's application to file late supplemental witness statement allowed
Cited by 3 cases · Cites 1 case