KONCI (1989) LTD v. CHOR JUN WO DAVID formerly known as CHOR KI KWONG DAVID

KONCI (1989) LTD v. CHOR JUN WO DAVID formerly known as CHOR KI KWONG DAVID

Cheng 4th failed to comply with the 1st Discovery Order because it did not state whether the Konci Parties had at any time had the requested documents nor, if they once had them, when they parted with them and what became of them; given the circumstances there was a prima facie case they once had further documents and the court was entitled to order further affidavit and disclosure, therefore the Master’s compliance order was upheld and the appeal dismissed.

Citation
[2023] HKCFI 2127
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): KONCI (1989) LIMITED; Defendant (original Action); Plaintiff (counterclaim): CHOR JUN WO DAVID; 2nd Defendant (counterclaim): YEUNG YUK LIN ROSANNA; 3rd Defendant (counterclaim): CHENG YING YIM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2023
Case Number
HCA346/2018
Procedural Posture
Civil Discovery Dispute Arising From Contractual/accounting Claims / Appeal From Master to Judge in Chambers (rehearing of Compliance Summons)
Outcome
Appeal dismissed
Legal Topics
Specific Discovery, Compliance With Discovery Orders, Conclusiveness of Discovery Affidavits, Order 24 Rule 16 RHC, Order 24 Rule 8(1) RHC
Source Language
EN
Civil Procedure Discovery Appeal Costs Specific Discovery Compliance With Discovery Orders Conclusiveness of Discovery Affidavits Order 24 Rule 16 RHC +1 more

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Parties

KONCI (1989) LIMITED

Plaintiff (original Action); 1st Defendant (counterclaim)

CHOR JUN WO DAVID

Defendant (original Action); Plaintiff (counterclaim)

YEUNG YUK LIN ROSANNA

2nd Defendant (counterclaim)

CHENG YING YIM

3rd Defendant (counterclaim)

Procedural Posture

Civil Discovery Dispute Arising From Contractual/accounting Claims / Appeal From Master to Judge in Chambers (rehearing of Compliance Summons)

Legal Issues

  1. 1 Whether the 4th affirmation (Cheng 4th) complied with the terms of the specific discovery order requiring statements as to past possession and disposition of documents
  2. 2 Whether the conclusiveness of a discovery affidavit is displaced on the materials before the court
  3. 3 Whether further affidavit/disclosure was necessary and ordered

Ratio Decidendi

Cheng 4th failed to comply with the 1st Discovery Order because it did not state whether the Konci Parties had at any time had the requested documents nor, if they once had them, when they parted with them and what became of them; given the circumstances there was a prima facie case they once had further documents and the court was entitled to order further affidavit and disclosure, therefore the Master’s compliance order was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Konci Parties' appeal dismissed
  • Order of Master Tony Ko dated 31 March 2023 (2nd Compliance Order) upheld requiring further affidavit/disclosure in compliance with earlier discovery orders