QUEEN ENERGY LTD. v. CHAN SHU KEUNG RAYMOND AND ANOTHER

HCA 2476/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2476 OF 1998

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R U L I N G

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1. The Defendants seek to put in a supplemental expert's report dealing with the question of the value of the property, the subject matter of this action. I am told by counsel for the Defendant that the reason why this is only being submitted at this very late stage is due entirely to the inadvertence of his instructing solicitors. For some reason, his instructing solicitors believed that an earlier valuation report on the valuation of the property had already been filed in these proceedings. I am told that a valuation report was obtained from different valuers in 1998 but, as it turns out, that has not been served on the Plaintiff nor has it been filed.

2. If by allowing the supplemental expert's report to be put in this results in further delay to the Plaintiff's claims in this action, I would have refused to allow the Defendants to put this report in. However, Mr Lin, counsel for the Defendants, has submitted that the matter can be dealt with by an order that in the event that the Defendants are successful on their counterclaim, the issue of damages on the counterclaim can be dealt with subsequently and to be assessed at a later stage. If that is adopted then there would be no delay, in my view, to the Plaintiff in seeking to establish its claims in this action. As the fault lies entirely with the Defendants' solicitors, I do not think that, in the interests of justice, the Defendants should suffer for that mistake. In the interests of justice, I make an order that in the event that the Defendants are successful at trial on their counterclaim, the issue of damages on the counterclaim is to be dealt with subsequently and to be assessed by a Master.