KWOK TAK MING JOSEPH v. COSMO-TECHNOLOGY LTD AND OTHERS

KWOK TAK MING JOSEPH v. COSMO-TECHNOLOGY LTD AND OTHERS

Leave to amend was deferred pending filing of a single, properly particularised draft amended petition; discovery was granted in part and limited to specific documents necessary for fair disposal: (a) invoices, vouchers, receipts and ledgers of Cosmo-Tech Inc. relating to Japan Office Expenses apportioned to the Company for 2002-2007 and the supporting vouchers supplied to the Inland Revenue Department on 2 October 2004; (b) Company ledgers and invoices/receipts for purchases from Moneray and development costs paid to Monex Electronics for 2004 only; other categories and wider discovery requests were refused as irrelevant, speculative or otiose; costs of the discovery application ordered...

Citation
KWOK TAK MING JOSEPH v. COSMO-TECHNOLOGY LTD AND OTHERS
Parties
Petitioner: KWOK TAK MING JOSEPH; 1st Respondent: COSMO-TECHNOLOGY LIMITED; 2nd Respondent: MANABU KINOSHITA; 3rd Respondent: FUMIO IIJIMA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 February 2009
Case Number
HCCW42/2008
Procedural Posture
Companies (winding Up) Petition Under Companies Ordinance / Interim Applications: Summonses for Specific Discovery and Amendment of Petition Heard in Chambers
Outcome
Partial discovery ordered; amendment not granted at hearing pending revised draft; costs awarded partially to petitioner
Legal Topics
Unfairly Prejudicial Conduct, Specific Discovery, Amendment of Petition, Particularity in Pleadings
Source Language
EN
Company Law Civil Procedure Evidence and Disclosure Costs Unfairly Prejudicial Conduct Specific Discovery Amendment of Petition Particularity in Pleadings

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Parties

KWOK TAK MING JOSEPH

Petitioner

COSMO-TECHNOLOGY LIMITED

1st Respondent

MANABU KINOSHITA

2nd Respondent

FUMIO IIJIMA

3rd Respondent

Procedural Posture

Companies (winding Up) Petition Under Companies Ordinance / Interim Applications: Summonses for Specific Discovery and Amendment of Petition Heard in Chambers

Legal Issues

  1. 1 Whether leave should be given to amend the winding-up petition to incorporate allegations in multiple affirmations
  2. 2 Whether specific discovery should be ordered and, if so, the proper scope of disclosure
  3. 3 Whether the documents sought are in the respondents' possession, custody or power and necessary for fair disposal

Ratio Decidendi

Leave to amend was deferred pending filing of a single, properly particularised draft amended petition; discovery was granted in part and limited to specific documents necessary for fair disposal: (a) invoices, vouchers, receipts and ledgers of Cosmo-Tech Inc. relating to Japan Office Expenses apportioned to the Company for 2002-2007 and the supporting vouchers supplied to the Inland Revenue Department on 2 October 2004; (b) Company ledgers and invoices/receipts for purchases from Moneray and development costs paid to Monex Electronics for 2004 only; other categories and wider discovery requests were refused as irrelevant, speculative or otiose; costs of the discovery application ordered...

Court Disposition

Partial discovery ordered; amendment not granted at hearing pending revised draft; costs awarded partially to petitioner

Orders

  • Respondents to file and serve within 28 days an affirmation stating whether any documents specified in the schedule or any class of such documents is or has at any time been in their possession, custody or power and if not when they parted with it and what has become of it
  • Respondents to permit petitioner to inspect and take copies on payment of proper charges of any documents in their possession, custody or power disclosed in the affirmation within 21 days of the filing of the affirmation