Read the full judgment text of HCCT 73/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 1 March 2022 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Evidence — Witness statements — Expert report — Admissibility — Probative value — Court refused leave to file witness statements of Lao Wai Keung and Boris Yung and expert report of Hong Kong Survey Limited as inadmissible or of no probative value in relation to alleged roof defects. Yung’s opinion evidence was unsupported and timing of inspections unhelpful to fact-finder. Lao’s evidence hearsay and based on inadmissible expert report. Photographs admitted only for provenance, not for substantive evidential value. Application made late causing prejudice and disruption. Costs ordered against Plaintiff on indemnity basis. Application refused and limited admission of Lao’s statement for specific paragraphs only.
Legal issues: Admissibility and probative value of witness statements and expert report
Outcome: Plaintiff's application for leave to file witness statements refused; costs ordered on indemnity basis against Plaintiff
Cited by 1 case