Chan Tin Yau and Others v. Tsang Kwok Kay

HCA 21228/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 21228 OF 1998

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BETWEEN

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Before:  Hon Chung J in Court

Date of Hearing:  14 September 2006

Date of Ruling:  14 September 2006

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R U L I N G

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1.This is the defendant’s application for:-

(1)  leave to confer with DW6 for the purpose of obtaining a further witness statement from him to cover matters which do not appear in his original witness statement;

(2)   an adjournment of the trial for a relatively short period for such purpose.  The defendant has indicated that the time needed would be from about 12:30 pm to 2:30 pm today.

2.The application is opposed by the plaintiffs.

3.In short, I agree with the plaintiffs.

4.Parties to an action prepare for the trial of an action with which they are concerned on the basis of the materials which will be used at the time of trial.  In relation to witnesses, that usually means the witness statements.  One of the matters which may affect how each witness is to be examined by a party is the contents of that witness’ statement.

5.To permit a witness to deal with matters which do not appear in his original witness statement is likely to cause prejudice to the other party because this may upset that party’s trial tactics; namely, those relating to the examination (especially cross-examination) of witnesses.

6.For this reason, I will refuse the defendant’s application.

Mr Paul K N Wu and Mr Victor C F Cheung, instructed by Messrs Simon C W Yung & Co., for the Plaintiffs

Mrs Dona Chan, instructed by Messrs Tsang Chan & Woo, for the Defendant