NG POK LEUNG AND ANOTHER v. NG POK MAN AND ANOTHER

DCCJ 2552/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 2552 OF 2012

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D E C I S I O N

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1.  This is an application by the plaintiffs for leave to file and serve the Witness Statement of 曹漢樑 dated 15 June 2013.

2.  Having regard to all the circumstances of this case, and in exercise of my case management powers, I would allow the application.

3.  I take into account that the primary aim in exercising such case management powers is to secure the just resolution of the dispute in accordance with the substantive rights of the parties, which must include the right of a party to rely on admissible and relevant factual evidence.

4.  I also bear in mind that the trial is not due to commence until 6 November 2013 (with 6 days reserved).  The risk of potential disruption to the trial is not great.

5.  Further, I do not see any conscious flouting of the case management timetable or any over-reaching or deliberate manoeuvring on the part of the plaintiffs and their legal team.

6.  I shall now hear the parties on the precise form of the order to be made and on the question of costs.

(Discussion re form of order)

7.  (1) There be retrospective leave to the 1^st and 2^nd plaintiffs to file the Witness Statement of曹漢樑dated 15 June 2013.   Service of the same on the defendants be dispensed with;

(2) There be leave to the 1^st and 2^nd defendants to file and serve on or before 30 August 2013 their Supplemental Witness Statement to only reply to matters raised in the Witness Statement of曹漢樑dated 15 June 2013.

(Discussion re costs)

8.  I order that the costs of and occasioned by the application (including the costs of today’s hearing) be paid by the plaintiffs to the defendants in any event, such costs to be taxed if not agreed (with certificate for counsel).