LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER

LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER

The court has jurisdiction to order further documentary disclosure after the commencement of an examination under Orders 48 and 49B; the commencement of oral examination does not preclude subsequent orders for production of documents that emerge as relevant during the examination and the rules must be construed purposively to allow such disclosure orders.

Citation
LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER
Parties
1st Plaintiff: LAFARGE S.A.; 2nd Plaintiff: LUZON CONTINENTAL LAND CORPORATION; 3rd Plaintiff: LAFARGE HOLDINGS (PHILIPPINES) INC.; 1st Defendant: CONTINENTAL CEMENT CORPORATION; 2nd Defendant: GREGORY T. LIM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 August 2006
Case Number
HCCT33/2006
Procedural Posture
Construction and Arbitration Enforcement / Examination of Judgment Debtor (orders 48 & 49 B) — Directions Hearing and Oral Examination
Outcome
Court held it has jurisdiction to order further documentary disclosure during examination under Orders 48 and 49B.
Legal Topics
Order 48, Order 49 B, Disclosure Orders, Examination of Judgment Debtor, Mareva Injunction, Enforcement of Foreign Arbitration Award, Section 2 GG Arbitration Ordinance
Source Language
EN
Arbitration Civil Procedure Enforcement of Judgment Injunctions Debt Recovery Discovery Order 48 Order 49 B +5 more

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Parties

LAFARGE S.A.

1st Plaintiff

LUZON CONTINENTAL LAND CORPORATION

2nd Plaintiff

LAFARGE HOLDINGS (PHILIPPINES) INC.

3rd Plaintiff

CONTINENTAL CEMENT CORPORATION

1st Defendant

GREGORY T. LIM

2nd Defendant

Procedural Posture

Construction and Arbitration Enforcement / Examination of Judgment Debtor (orders 48 & 49 B) — Directions Hearing and Oral Examination

Legal Issues

  1. 1 Whether the court may order further documentary disclosure after the commencement of an examination under Order 48 and/or Order 49B
  2. 2 Whether earlier directions for production preclude subsequent orders for further documents
  3. 3 Proper construction and scope of Orders 48 and 49B and the court's powers during examination

Ratio Decidendi

The court has jurisdiction to order further documentary disclosure after the commencement of an examination under Orders 48 and 49B; the commencement of oral examination does not preclude subsequent orders for production of documents that emerge as relevant during the examination and the rules must be construed purposively to allow such disclosure orders.

Court Disposition

Court held it has jurisdiction to order further documentary disclosure during examination under Orders 48 and 49B.

Orders

  • Court rules it has power to order further document production arising during an Order 48 or Order 49B examination
  • Liberty to apply preserved