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

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

Cheng 4th failed to comply with the 1st Discovery Order because it did not address whether the Konci Parties had at any time possessed documents within the scope of the Order and, if so, when they parted with them and what became of them; given the distribution arrangement and circumstantial evidence that older records once existed, the court was entitled to order further compliance. The conclusiveness principle did not prevent relief because the affidavit omissions and circumstances justified displacing interlocutory conclusiveness; appeal dismissed and compliance order upheld.

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); Sole Executrix of the Estate of Wai Cheung Chi: 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
HCA207/2019
Procedural Posture
Interlocutory Civil Appeal From Master's Compliance Order (discovery) / Decision on Rehearing of Appeal in Chambers (paper Disposal)
Outcome
Appeal dismissed; 2nd Compliance Order upheld; costs awarded to Mr Chor
Legal Topics
Specific Discovery, Compliance With Discovery Order, Conclusiveness of Discovery Affidavits, Order 24 RHC, Costs
Source Language
EN
Civil Procedure Discovery Evidence Specific Discovery Compliance With Discovery Order Conclusiveness of Discovery Affidavits Order 24 RHC Costs

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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); Sole Executrix of the Estate of Wai Cheung Chi

CHENG YING YIM

3rd Defendant (counterclaim)

Procedural Posture

Interlocutory Civil Appeal From Master's Compliance Order (discovery) / Decision on Rehearing of Appeal in Chambers (paper Disposal)

Legal Issues

  1. 1 Whether the Konci Parties' 4th affirmation (Cheng 4th) complied with the 1st Discovery Order
  2. 2 Whether the conclusiveness principle for discovery affidavits was displaced by the material before the court
  3. 3 Whether there is a prima facie case that the Konci Parties once had additional documents and thus must state when they parted with them and what became of them

Ratio Decidendi

Cheng 4th failed to comply with the 1st Discovery Order because it did not address whether the Konci Parties had at any time possessed documents within the scope of the Order and, if so, when they parted with them and what became of them; given the distribution arrangement and circumstantial evidence that older records once existed, the court was entitled to order further compliance. The conclusiveness principle did not prevent relief because the affidavit omissions and circumstances justified displacing interlocutory conclusiveness; appeal dismissed and compliance order upheld.

Court Disposition

Appeal dismissed; 2nd Compliance Order upheld; costs awarded to Mr Chor

Orders

  • Appeal dismissed
  • Konci Parties to comply with the Orders by making, filing and serving a further affidavit complying with the 1st Discovery Order