UPPLAN COMPANY LIMITED (快盈有限公司)
LI HO MING (李皓明), RAINBOW POINT LIMITED
Ms Karen Y Y Lau
[2018] HKCFI 962 · HCA 1915D/2009
HCA 1915/2009
[2018] HKCFI 962
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 1915 OF 2009
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(By Original Action)
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AND BETWEEN
(By Counterclaim)
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D E C I S I O N
1. Whilst it is unfortunate that the trial preparation by the Defendants may be criticised as inadequate (eg, the discovery has not been completed) which in part gave rise to the need to file a supplemental witness statement by them, the trial in this case is more than 18 months away and the court was informed of the need to file a supplemental witness statement by the Defendants at the Case Management Conference.
2. I am unable to see what real prejudice there is to the Plaintiff if this application is allowed. With respect, the Plaintiff’s complaints are nothing more than suggestions that the trial preparation could have been better and various steps should have been taken by the Defendants in a timely manner. It is right that the court does not endorse inadequate trial preparation but the fact is that the Defendants are trying to remedy the inadequacy well before the trial.
3. There is no merit in the opposition and this application is allowed.
Ms Karen Y Y Lau, instructed by Au Thong & Tsang, for the Plaintiff (by Original Action)
Mr Kenny C P Lin, instructed by Foo Leung & Yeung, for the 1st and 2nd Defendants (by Original Action)