Read the full judgment text of HCPI 707/2008; HCPI 857/2008; HCPI 858/2008; HCPI 933/2008 on BabelCite. This Court of First Instance judgment was delivered on 5 February 2010 before Hon Fung J.
Civil procedure – personal injuries – case management conference – multiple actions arising from coach bus accident in Egypt in 2006 – whether to allow expert evidence on liability – whether to allow expert evidence from insurance broker – Further and Better Particulars of Statement of Claim – consolidation or stay of related actions – service on Third Parties outside jurisdiction – mediation – Liddell v Middleton applied – expert evidence in road traffic cases is exception not rule – no accident sketch or tyre mark measurements – expert's opinion on speed based on driver's account not probative – Mr Chau with 23 years of industry experience to provide evidence on trade practice for insurance coverage – F&B Particulars refused given extensive exchange of witness statements – questions of law are ultimate questions for the court – stay of related actions on terms Defendant bound by result – Third Party proceedings issued late and forum conveniens against Egyptian Third Parties points to Egypt – mediation ordered despite liability dispute as it is voluntary and not a precondition – Catch-22 to refuse mediation on basis of liability dispute – costs of CMC in the cause; costs on expert evidence and F&B Particulars borne by Defendant – HCPI 707/2008 set down for liability trial with 5 days reserved.
Legal issues: Whether to allow expert evidence on liability in road traffic accident case · Whether to allow expert evidence from insurance broker on industry practice · Whether to order Further and Better Particulars of the Statement of Claim · Whether to consolidate or stay related personal injury actions · Whether to adjourn for service on Third Parties outside jurisdiction · Whether to order mediation in personal injuries action
Outcome: All applications by the Defendant were determined. Application to adduce expert evidence on liability was refused. Application for expert evidence from insurance broker was allowed in modified form (Mr Chau to file supplemental statement). F&B Particulars application was refused. HCPI 857/2008, HCPI 858/2008 and HCPI 933/2008 were stayed pending determination of HCPI 707/2008, subject to condition that Defendant be bound by the result. Adjournment for service on Third Parties outside jurisdiction was refused. Mediation certificates ordered in all cases.
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