KAISER 2000 LTD v. WEALTHY VANTAGE LTD AND OTHERS

KAISER 2000 LTD v. WEALTHY VANTAGE LTD AND OTHERS

The court held that interrogatories 1(e) and 1(f) are relevant to the assessment of the alleged joint venture and are not unduly burdensome because the information should be readily ascertainable from the books and records of the Hong Kong companies; accordingly Kwan must answer those interrogatories, with form of order and costs to be determined.

Citation
KAISER 2000 LTD v. WEALTHY VANTAGE LTD AND OTHERS
Parties
Plaintiff (hca1465/2012); 3rd Defendant (hca85/2013): KWAN KWOK KI; 1st Defendant (hca1465/2012): TANG SHING BOR; 2nd Defendant (hca1465/2012); Plaintiff (hca85/2013): KAISER 2000 LIMITED; 1st Defendant (hca85/2013): WEALTHY VANTAGE LIMITED; 2nd Defendant (hca85/2013): GOLDEN FIELD HOLDINGS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2015
Case Number
HCA85/2013
Procedural Posture
Civil: Property/joint Venture/possession/declaratory Relief / Interlocutory: Hearing on Consolidated Summonses Concerning Disclosure/interrogatories in Chambers
Outcome
Interim decision ordering Kwan to provide answers to interrogatories 1(e) and 1(f); parties to be heard on the exact form of order and costs.
Legal Topics
Interrogatories, Discovery, Joint Venture, Specific Performance, Possession, Mesne Profits, Relevance, Proportionality, Costs
Source Language
EN
Civil Procedure Property Law Contract Law Company Law Equitable Remedies Interrogatories Discovery Joint Venture +6 more

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Parties

KWAN KWOK KI

Plaintiff (hca1465/2012); 3rd Defendant (hca85/2013)

TANG SHING BOR

1st Defendant (hca1465/2012)

KAISER 2000 LIMITED

2nd Defendant (hca1465/2012); Plaintiff (hca85/2013)

WEALTHY VANTAGE LIMITED

1st Defendant (hca85/2013)

GOLDEN FIELD HOLDINGS LIMITED

2nd Defendant (hca85/2013)

Procedural Posture

Civil: Property/joint Venture/possession/declaratory Relief / Interlocutory: Hearing on Consolidated Summonses Concerning Disclosure/interrogatories in Chambers

Legal Issues

  1. 1 Whether interrogatories 1(e) and 1(f) seeking rents/licence fees payable and received are relevant to the alleged oral joint venture agreement and remedies sought
  2. 2 Whether answering those interrogatories would be unduly burdensome or disproportionate under Order 26 r 1(1)(b) RHC
  3. 3 Whether the information is readily ascertainable from company books/records and necessary to place the transaction in context

Ratio Decidendi

The court held that interrogatories 1(e) and 1(f) are relevant to the assessment of the alleged joint venture and are not unduly burdensome because the information should be readily ascertainable from the books and records of the Hong Kong companies; accordingly Kwan must answer those interrogatories, with form of order and costs to be determined.

Court Disposition

Interim decision ordering Kwan to provide answers to interrogatories 1(e) and 1(f); parties to be heard on the exact form of order and costs.

Orders

  • Kwan to provide answers to interrogatories 1(e) and 1(f) concerning rents/licence fees payable by sub-tenants/sub-licensees and rents/licence fees actually received by Wealthy, Golden and/or Gaineer.
  • Parties to be heard on the precise form of the order and on the question of costs.