Read the full judgment text of HCCW 407/2016 on BabelCite. This Court of First Instance judgment was delivered on 20 May 2020 before Anthony Chan J.
Civil procedure – video conferencing facilities (VCF) – application to give evidence by VCF at trial – COVID-19 pandemic – quarantine and travel restrictions – shareholders' dispute – three related actions tried together – winding-up petition and related proceedings – lateness of application – General Adjourned Period (GAP) – Practice Direction 29 – whether witnesses should be permitted to give evidence by VCF where credibility is hotly contested – whether unwillingness to undergo quarantine is a sound reason – Underlying Objectives (O 1A, r 1) – first issue: whether Lin and Ho, shareholders/parties residing in Taiwan and Macau, should be allowed to give evidence by VCF, refused, because the real reason was unwillingness to disrupt business commitments, the application was filed 11th hour the day after Opening Submissions were due, sufficient time existed after the end of GAP for quarantine, credibility would be hotly contested requiring in-person testimony under the solemn atmosphere of the court, and practical issues regarding neutral venues and attendance of a solicitor's representative were unresolved – second issue: whether Ms Li Biyun, a former director residing in Shenzhen and a Mainland resident unable to obtain a visa, should be allowed to give evidence by VCF, granted, because her inability to attend was accepted as a sound reason, the Respondents undertook not to seek an adjournment, practical issues were more manageable for one witness in one location, and the first week of trial would allow time to resolve logistical matters – consequential directions and costs to be heard.
Legal issues: Whether to allow Lin and Ho to give evidence by video link · Whether to allow Ms Li to give evidence by video link
Outcome: Application for Lin and Ho to give evidence by video conferencing facilities refused; application for Ms Li Biyun to give evidence by video conferencing facilities granted. Consequential directions and costs to be heard.
Cited by 36 cases · Cites 1 case