TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS

TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS

The application for late discovery of the Trust Documents is refused because no good reason or exceptional circumstances were shown and the documents are not necessary for determination of the remaining issues; under the CJR the court will not admit late disclosure at the eve of trial absent necessity or good reason.

Citation
TO PUI KUI AND OTHERS v. HULTUCKTONG CO LTD AND OTHERS
Parties
1st Plaintiff (hca 51/2007): NG KWOK PIU PHILIP; 2nd Plaintiff (hca 51/2007): CONFEDERATED ASSETS GROUP LIMITED; 3rd Plaintiff (hca 51/2007): WELL ARTS ENTERPRISES LIMITED; 1st Defendant (hca 51/2007): TO PUI KUI; 2nd Defendant (hca 51/2007): NG KWOK TAI ANDREW; 3rd Defendant (hca 51/2007): NG YIU CHI ELEANOR; 4th Defendant (hca 51/2007): NG SHEUNG MING ASSOCIATION LIMITED; 1st Plaintiff (hca 1040/2009): TO PUI KUI; 3rd Plaintiff (hca 1040/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1040/2009): HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED; 2nd Defendant (hca 1040/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1040/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1040/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1040/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1040/2009): NG YIU CHI ELEANOR; 1st Plaintiff (hca 1041/2009): TO PUI KUI; 3rd Plaintiff (hca 1041/2009): NG KAY CHEE ANGELA; 4th Plaintiff (hca 1041/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1041/2009): HULTUCKTONG COMPANY LIMITED; 2nd Defendant (hca 1041/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1041/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1041/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1041/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1041/2009): NG YIU CHI ELEANOR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2014
Case Number
HCA1041/2009
Procedural Posture
Consolidated Civil Actions (discovery Application) / Interlocutory (pre Trial) Decision on Discovery Ahead of Trial Scheduled January 2015
Outcome
Application for discovery refused
Legal Topics
Discovery Obligations, Late Disclosure, Necessity for Disclosure, Pre Trial Case Management
Source Language
EN
Civil Procedure Evidence Civil Justice Reform Discovery Obligations Late Disclosure Necessity for Disclosure Pre Trial Case Management

Case Brief

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Parties

NG KWOK PIU PHILIP

1st Plaintiff (hca 51/2007)

CONFEDERATED ASSETS GROUP LIMITED

2nd Plaintiff (hca 51/2007)

WELL ARTS ENTERPRISES LIMITED

3rd Plaintiff (hca 51/2007)

TO PUI KUI

1st Defendant (hca 51/2007)

NG KWOK TAI ANDREW

2nd Defendant (hca 51/2007)

NG YIU CHI ELEANOR

3rd Defendant (hca 51/2007)

NG SHEUNG MING ASSOCIATION LIMITED

4th Defendant (hca 51/2007)

TO PUI KUI

1st Plaintiff (hca 1040/2009)

NG KWOK TAI ANDREW

3rd Plaintiff (hca 1040/2009)

HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED

1st Defendant (hca 1040/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1040/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1040/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1040/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1040/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1040/2009)

TO PUI KUI

1st Plaintiff (hca 1041/2009)

NG KAY CHEE ANGELA

3rd Plaintiff (hca 1041/2009)

NG KWOK TAI ANDREW

4th Plaintiff (hca 1041/2009)

HULTUCKTONG COMPANY LIMITED

1st Defendant (hca 1041/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1041/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1041/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1041/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1041/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1041/2009)

Procedural Posture

Consolidated Civil Actions (discovery Application) / Interlocutory (pre Trial) Decision on Discovery Ahead of Trial Scheduled January 2015

Legal Issues

  1. 1 Whether late discovery of Trust Documents should be permitted
  2. 2 Whether the Trust Documents are necessary for determination of issues at trial
  3. 3 Application of Civil Justice Reform principles to late disclosure

Ratio Decidendi

The application for late discovery of the Trust Documents is refused because no good reason or exceptional circumstances were shown and the documents are not necessary for determination of the remaining issues; under the CJR the court will not admit late disclosure at the eve of trial absent necessity or good reason.

Court Disposition

Application for discovery refused

Orders

  • Application for discovery refused
  • Costs awarded to respondents