GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.

GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.

The court ordered Galco to make and file the specified list of documents and make them available for inspection; granted leave to file the hearsay notice out of time but awarded costs to Kader (including a counsel certificate) because Galco was at fault in the late filing; dismissed Galco's summons to produce the laboratory reports because Kader had validly asserted legal professional privilege on the dominant purpose basis and awarded Kader costs (including a counsel certificate); the strike-out application was adjourned.

Citation
GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.
Parties
Plaintiff (consolidated): Galco International Toys N.V.; Defendant (consolidated): Kader Industrial Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 January 1996
Case Number
HCA250/1991
Procedural Posture
Consolidated Actions (pre Trial/mid Trial Review) / Mid Trial Review in Chambers
Outcome
Mixed: order to produce list of documents granted; strike-out and dismissal adjourned; leave to file hearsay notice out of time granted but costs to respondent; summons to inspect laboratory reports dismissed and costs to respondent including counsel certificates.
Legal Topics
List of Documents, Inspection of Documents, Hearsay Notice, Dominant Purpose Test for Privilege, Certificates for Counsel, Strike Out for Non Compliance
Source Language
EN
Civil Procedure Evidence Costs Legal Professional Privilege List of Documents Inspection of Documents Hearsay Notice Dominant Purpose Test for Privilege +2 more

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Parties

Galco International Toys N.V.

Plaintiff (consolidated)

Kader Industrial Company Limited

Defendant (consolidated)

Procedural Posture

Consolidated Actions (pre Trial/mid Trial Review) / Mid Trial Review in Chambers

Legal Issues

  1. 1 Whether Galco should be ordered to make and file a specified list of documents and allow inspection
  2. 2 Whether Galco should be permitted to file an out-of-time hearsay notice
  3. 3 Whether the laboratory reports are protected by legal professional privilege (dominant purpose)

Ratio Decidendi

The court ordered Galco to make and file the specified list of documents and make them available for inspection; granted leave to file the hearsay notice out of time but awarded costs to Kader (including a counsel certificate) because Galco was at fault in the late filing; dismissed Galco's summons to produce the laboratory reports because Kader had validly asserted legal professional privilege on the dominant purpose basis and awarded Kader costs (including a counsel certificate); the strike-out application was adjourned.

Court Disposition

Mixed: order to produce list of documents granted; strike-out and dismissal adjourned; leave to file hearsay notice out of time granted but costs to respondent; summons to inspect laboratory reports dismissed and costs to respondent including counsel certificates.

Orders

  • Order that Galco make and file the specified list of documents and make them available for inspection
  • Adjournment of application to strike out Galco's statement of claim and dismissal of action until further hearing; costs of today reserved on that issue