CHEUNG KAM WA v. DRANSFIELD HOLDINGS LTD

HCA1399/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.1399 OF 2002

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J U D G M E N T

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1. This is the pre-trial review of an Action the trial of which is to commence before me in June.  The dates of trial had been fixed sometime ago.  As long ago as March 2004, Master Lung had already made further directions as to witness statements.  Today, it would seem, at the pre-trial review the defendant suddenly has an application to introduce a new witness by way of a new witness statement of Mr Fung who was a director of the company on an issue which Mr Leung of the defendant says is material.  I assume for the purpose of the trial that it is material but the application is made too late.  The witness statement had come in long time ago as early as, I believe, April 2003, and yet nothing had been done since then, to even give notice to the plaintiff that a new witness would be introduced and relied upon. 

2. Even last week, as I understand it, when the plaintiff’s solicitors wrote to the defendant’s solicitors asking whether there was going to be any application at today’s PTR hearing, there was no answer or indication to the plaintiff’s solicitors that such application would be made.

3. I see no reason why the court should grant any indulgence to the defendant to introduce at this late stage a witness statement assuming, as I have said, that is material.  I am therefore not satisfied that my discretion should be exercised in favour of the application. 

4. The application is therefore refused and the trial must proceed on the basis of the existing witness statements already filed.