RE THE PRUDENTIAL ENTERPRISES LTD

RE THE PRUDENTIAL ENTERPRISES LTD

The court ordered limited specific discovery: disclosure only of documents relied upon by the 7th petitioner in completing the provisional schedule of property for estate duty valuation of PEL shares (item 1.2 narrowed) and disclosure of the Robinson Management Limited reports referred to in the 15th petitioner's audited financial statements for years ending 31 December 2000 and 31 December 2001 (item 2.3); the request for unaudited management accounts (item 2.2) and the wide class of documents sought in item 2.4 were refused as unnecessary or oppressive; production under paragraph 3 involving privilege was refused without prejudice; costs apportioned one half of the 1st respondent's...

Citation
RE THE PRUDENTIAL ENTERPRISES LTD
Parties
7th Petitioner: Executors of the estate of Lee Chai Cheong; 15th Petitioner: HY & HT Lee Brothers & Co. Limited; 1st Respondent: Official Receiver; Company in the Matter: The Prudential Enterprises, Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2003
Case Number
HCCW594/1999
Procedural Posture
Companies Winding Up Proceedings / Interlocutory Application Under Order 24 Rule 7 for Specific Discovery
Outcome
Application partially allowed in limited form and partially refused; costs apportioned
Legal Topics
Discovery, Valuation of Shares, Expert Evidence, Costs
Source Language
EN
Company Law Civil Procedure Insolvency Evidence Discovery Valuation of Shares Expert Evidence Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Executors of the estate of Lee Chai Cheong

7th Petitioner

HY & HT Lee Brothers & Co. Limited

15th Petitioner

Official Receiver

1st Respondent

The Prudential Enterprises, Limited

Company in the Matter

Procedural Posture

Companies Winding Up Proceedings / Interlocutory Application Under Order 24 Rule 7 for Specific Discovery

Legal Issues

  1. 1 Whether the requested documents are relevant and discoverable under Order 24 rule 7
  2. 2 Whether expert reports not tendered at trial are discoverable
  3. 3 Whether the scope of the discovery requests (item 2.4) is oppressive and overly broad

Ratio Decidendi

The court ordered limited specific discovery: disclosure only of documents relied upon by the 7th petitioner in completing the provisional schedule of property for estate duty valuation of PEL shares (item 1.2 narrowed) and disclosure of the Robinson Management Limited reports referred to in the 15th petitioner's audited financial statements for years ending 31 December 2000 and 31 December 2001 (item 2.3); the request for unaudited management accounts (item 2.2) and the wide class of documents sought in item 2.4 were refused as unnecessary or oppressive; production under paragraph 3 involving privilege was refused without prejudice; costs apportioned one half of the 1st respondent's...

Court Disposition

Application partially allowed in limited form and partially refused; costs apportioned

Orders

  • The 7th petitioner do within 21 days from 21 May 2003 file and serve a further and better list of documents with regard to the documents the 7th petitioner relied upon in completing the provisional schedule of property provided to the Inland Revenue Department's Estate Duty Office in respect of the PEL shares held...
  • The 15th petitioner do within 21 days from 21 May 2003 file and serve a further and better list of documents with regard to the reports from Robinson Management Limited referred to in the 15th petitioner's audited financial statements for the years ending 31 December 2000 and 31 December 2001.