KWAN KWOK KI v. TANG SHING BOR AND ANOTHER

KWAN KWOK KI v. TANG SHING BOR AND ANOTHER

The interrogatories seeking the rents or licence fees payable and actually received (1(e) and 1(f)) are relevant to the issues in dispute and not unduly burdensome because the information should be ascertainable from the books and records of the Hong Kong companies involved; Kwan must answer interrogatories 1(e) and 1(f).

Citation
KWAN KWOK KI v. TANG SHING BOR AND ANOTHER
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
HCA1465/2012
Procedural Posture
Consolidated Civil Actions for Declaratory Relief, Specific Performance, Possession and Mesne Profits / Chambers Hearing on Interlocutory Summonses Regarding Interrogatories (14 September 2015)
Outcome
Interrogatories 1(e) and 1(f) ordered to be answered by Kwan; hearing reserved on form of order and costs.
Legal Topics
Interrogatories, Discovery, Joint Venture, Specific Performance, Possession, Mesne Profits, Relevance of Financial Records
Source Language
EN
Civil Property Contract Company Civil Procedure Evidence/discovery Interrogatories Discovery +5 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

Consolidated Civil Actions for Declaratory Relief, Specific Performance, Possession and Mesne Profits / Chambers Hearing on Interlocutory Summonses Regarding Interrogatories (14 September 2015)

Legal Issues

  1. 1 Whether interrogatories seeking rents/licence fees payable and received are relevant to the Alleged JV Agreement and counterclaims
  2. 2 Whether the requirement to answer interrogatories 1(e) and 1(f) would be unduly burdensome under Order 26 r1(1)(b)
  3. 3 Scope of permissible interrogatories and discovery from corporate books and records

Ratio Decidendi

The interrogatories seeking the rents or licence fees payable and actually received (1(e) and 1(f)) are relevant to the issues in dispute and not unduly burdensome because the information should be ascertainable from the books and records of the Hong Kong companies involved; Kwan must answer interrogatories 1(e) and 1(f).

Court Disposition

Interrogatories 1(e) and 1(f) ordered to be answered by Kwan; hearing reserved on form of order and costs.

Orders

  • Kwan is to provide answers to interrogatories 1(e) and 1(f) served on him on 8 May 2015
  • Parties to be heard on the exact form of the order and on the question of costs