The Joint and Several Trustees of the Property of SO CHING WAN v. ASSEN LTD (in liquidation) AND OTHERS

The Joint and Several Trustees of the Property of SO CHING WAN v. ASSEN LTD (in liquidation) AND OTHERS

The court will require production only where the applicant proves non‑compliance or the necessity for the documents (that they are reasonably required to carry out statutory functions) and establishes a prima facie case the respondent can produce them; once non‑compliance is proved the onus shifts to the respondent to justify non‑compliance, and the court must refuse orders that amount to a disproportionate or fishing expedition.

Citation
[2019] HKCFI 1491
Parties
Bankrupt: So Ching Wan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2019
Case Number
HCB4475/2002
Procedural Posture
Bankruptcy / Application for Production of Documents/information in Bankruptcy Proceedings (court of First Instance)
Legal Topics
Production of Documents, Burden of Proof, Balancing Exercise, Contempt and Compliance With Court Orders, Proportionality
Source Language
EN
Bankruptcy Civil Procedure Evidence Production of Documents Burden of Proof Balancing Exercise Contempt and Compliance With Court Orders Proportionality

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Parties

So Ching Wan

Bankrupt

Procedural Posture

Bankruptcy / Application for Production of Documents/information in Bankruptcy Proceedings (court of First Instance)

Legal Issues

  1. 1 Whether the respondent failed to comply with a court order to perform an act within a specified time
  2. 2 Whether proof of non‑compliance shifts the burden to the respondent to justify non‑compliance
  3. 3 Whether the applicant has shown the information or documents are reasonably required to carry out statutory functions

Ratio Decidendi

The court will require production only where the applicant proves non‑compliance or the necessity for the documents (that they are reasonably required to carry out statutory functions) and establishes a prima facie case the respondent can produce them; once non‑compliance is proved the onus shifts to the respondent to justify non‑compliance, and the court must refuse orders that amount to a disproportionate or fishing expedition.