BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA and OTHERS v. HO YING CHEONG and OTHERS

BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA and OTHERS v. HO YING CHEONG and OTHERS

On the balance of probabilities the 1st Plaintiff failed to make proper and full discovery of documents ordered by the Court, withheld relevant documents in its possession or power and failed to give a satisfactory explanation; that non-disclosure posed a real and substantial risk that a fair trial could not be conducted and therefore the 1st Plaintiff's claim is dismissed; the other Plaintiffs' actions are dismissed following their withdrawal; costs reserved.

Citation
BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA and OTHERS v. HO YING CHEONG and OTHERS
Parties
1st Plaintiff: Image Technology (Hong Kong) Limited; 2nd Plaintiff: Qingyuan Real Estate Development General Company; 3rd Plaintiff: Photo Supply Corporation; 4th Plaintiff: Qingyuan 3D Photographic Technology Corporation; 1st Plaintiff (beijing Action): The Beijing Trust Investment Corporation of the People's Construction Bank of China; 2nd Plaintiff (beijing Action): Zhong Man Electronic System Corporation; 3rd Plaintiff (beijing Action): Beijing Sunny Stereoscopic Photography Technology Co. Ltd.; 1st Defendant: Ho Ying Cheong; 2nd Defendant: Ho Ching Cheong Investment Co. Ltd.; 3rd Defendant: Ho Ching Cheong International Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 1995
Case Number
HCA9302/1993
Procedural Posture
Civil Trial Involving Alleged Fraud and Patent/licence Disputes; Interlocutory Applications (mareva Injunction) / Trial (interlocutory Matters Adjourned to Trial); Judgment on Discovery and Summonses
Outcome
1st Plaintiff's claim dismissed for failure to comply with discovery orders; all other Plaintiffs' actions dismissed on their summonses to withdraw; costs to be determined
Legal Topics
Discovery Obligations, Dismissal for Non Disclosure, Relevance of Documents, Contumacious Conduct and Sanctions, Patent Ownership and Assignments
Source Language
EN
Civil Procedure Intellectual Property Commercial Law Evidence Equity (mareva Injunction) Discovery Obligations Dismissal for Non Disclosure Relevance of Documents +2 more

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Parties

Image Technology (Hong Kong) Limited

1st Plaintiff

Qingyuan Real Estate Development General Company

2nd Plaintiff

Photo Supply Corporation

3rd Plaintiff

Qingyuan 3D Photographic Technology Corporation

4th Plaintiff

The Beijing Trust Investment Corporation of the People's Construction Bank of China

1st Plaintiff (beijing Action)

Zhong Man Electronic System Corporation

2nd Plaintiff (beijing Action)

Beijing Sunny Stereoscopic Photography Technology Co. Ltd.

3rd Plaintiff (beijing Action)

Ho Ying Cheong

1st Defendant

Ho Ching Cheong Investment Co. Ltd.

2nd Defendant

Ho Ching Cheong International Co. Ltd.

3rd Defendant

Procedural Posture

Civil Trial Involving Alleged Fraud and Patent/licence Disputes; Interlocutory Applications (mareva Injunction) / Trial (interlocutory Matters Adjourned to Trial); Judgment on Discovery and Summonses

Legal Issues

  1. 1 Whether the 1st Plaintiff failed to comply with discovery orders
  2. 2 Whether undisclosed documents were within 1st Plaintiff's possession/custody/power
  3. 3 Whether the non-disclosure was deliberate or inadvertent

Ratio Decidendi

On the balance of probabilities the 1st Plaintiff failed to make proper and full discovery of documents ordered by the Court, withheld relevant documents in its possession or power and failed to give a satisfactory explanation; that non-disclosure posed a real and substantial risk that a fair trial could not be conducted and therefore the 1st Plaintiff's claim is dismissed; the other Plaintiffs' actions are dismissed following their withdrawal; costs reserved.

Court Disposition

1st Plaintiff's claim dismissed for failure to comply with discovery orders; all other Plaintiffs' actions dismissed on their summonses to withdraw; costs to be determined

Orders

  • 1st Plaintiff's claim in Qingyuan Action dismissed pursuant to 1st Defendant's summons for non-disclosure
  • All other Plaintiffs' actions dismissed on Plaintiffs' summonses to withdraw the actions