LEUNG PING CHIU, ROY appointed by Order dated 12th May 2020 to represent the ESTATE OF YANG FOO-OI, since deceased v. WAI WAI CHEN

LEUNG PING CHIU, ROY appointed by Order dated 12th May 2020 to represent the ESTATE OF YANG FOO-OI, since deceased v. WAI WAI CHEN

The court accepted the Expert's assessment that the additional accounting and company documents (items 6-15) were necessary and likely readily available, rejected the defendants' objections that production would be unduly burdensome, confidential or legally impermissible for tracing purposes, and ordered disclosure to the Expert and service on the plaintiff within a fixed period; the implied undertaking and procedural safeguards suffice to protect third-party confidentiality and prevent collateral use.

Citation
[2022] HKCFI 1897
Parties
Plaintiff (next Friend for the Estate of Yang Foo Oi): Leung Ping Chiu, Roy (appointed to represent the Estate of Yang Foo-Oi); 1st Defendant: Wai Wai Chen; 2nd Defendant: Timford Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2022
Case Number
HCA1739/2010
Procedural Posture
Civil Fiduciary Breach; Equitable Remedies (account of Profits V Equitable Compensation) / Interlocutory Post Judgment Discovery in Aid of Election; Application for Disclosure to Court Appointed Expert
Outcome
Order for disclosure granted in favour of the plaintiff; Expert's Request for additional documents (items 6-15 as amended) allowed; plaintiff to be served with materials and affirmation; compliance within 42 days
Legal Topics
Post Judgment Discovery, Expert Appointed Disclosure, Tracing Remedies, Confidentiality and Implied Undertaking, Election Between Equitable Compensation and Account of Profits
Source Language
EN
Equity Trusts Civil Procedure Discovery Account of Profits Fiduciary Duties Post Judgment Discovery Expert Appointed Disclosure +3 more

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Parties

Leung Ping Chiu, Roy (appointed to represent the Estate of Yang Foo-Oi)

Plaintiff (next Friend for the Estate of Yang Foo Oi)

Wai Wai Chen

1st Defendant

Timford Resources Limited

2nd Defendant

Procedural Posture

Civil Fiduciary Breach; Equitable Remedies (account of Profits V Equitable Compensation) / Interlocutory Post Judgment Discovery in Aid of Election; Application for Disclosure to Court Appointed Expert

Legal Issues

  1. 1 Whether the court should order production of additional documents requested by the court-appointed expert
  2. 2 Scope of discovery in aid of election between equitable compensation and account of profits
  3. 3 Whether plaintiff may trace beyond first-level profits and obtain discovery for tracing purposes

Ratio Decidendi

The court accepted the Expert's assessment that the additional accounting and company documents (items 6-15) were necessary and likely readily available, rejected the defendants' objections that production would be unduly burdensome, confidential or legally impermissible for tracing purposes, and ordered disclosure to the Expert and service on the plaintiff within a fixed period; the implied undertaking and procedural safeguards suffice to protect third-party confidentiality and prevent collateral use.

Court Disposition

Order for disclosure granted in favour of the plaintiff; Expert's Request for additional documents (items 6-15 as amended) allowed; plaintiff to be served with materials and affirmation; compliance within 42 days

Orders

  • Disclosure of the documents and information listed in the Expert's Appendix 2 (as amended) is ordered
  • Compliance with the disclosure order to be effected within 42 days from the date of the decision (21 June 2022)