CHOW SHIU KEI v. LEE WAI JANE

CHOW SHIU KEI v. LEE WAI JANE

The court granted discovery against the company limited to the books and accounts specified in paragraph 1 of the summons once the petitioner amends the petition to plead the pricing allegation, but refused to order discovery against Ping On Ointment International and refused to order personal discovery against the 2nd respondent because the evidence did not establish that International was the company's alter ego nor that the 2nd respondent had exclusive possession or unfettered control over the company or its documents.

Citation
CHOW SHIU KEI v. LEE WAI JANE
Parties
Petitioner: CHOW SHIU KEI (also known as CHOW KWONG KAN); 2nd Respondent: LEE WAI JANE; Company/respondent: Ping On Ointment Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2007
Case Number
HCCW179/2006
Procedural Posture
Companies Winding Up Petition (just and Equitable) / Interlocutory Application for Specific Discovery (pre Trial)
Outcome
Interlocutory order partly granted: company ordered to give limited discovery after petition is amended; discovery against International and personal discovery against 2nd respondent refused.
Legal Topics
Winding Up, Specific Discovery, Alter Ego Doctrine, Related Party Transactions, Amendment of Petition, Director Control
Source Language
EN
Company Law Civil Procedure Injunctions and Equitable Relief Evidence and Discovery Winding Up Specific Discovery Alter Ego Doctrine Related Party Transactions +2 more

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Parties

CHOW SHIU KEI (also known as CHOW KWONG KAN)

Petitioner

LEE WAI JANE

2nd Respondent

Ping On Ointment Company Limited

Company/respondent

Procedural Posture

Companies Winding Up Petition (just and Equitable) / Interlocutory Application for Specific Discovery (pre Trial)

Legal Issues

  1. 1 Whether the documents sought are relevant to issues in the winding-up petition
  2. 2 Whether the petitioner may pursue discovery based on allegations not yet pleaded in the petition
  3. 3 Whether the company or the 2nd respondent is in possession, custody or control of the documents sought

Ratio Decidendi

The court granted discovery against the company limited to the books and accounts specified in paragraph 1 of the summons once the petitioner amends the petition to plead the pricing allegation, but refused to order discovery against Ping On Ointment International and refused to order personal discovery against the 2nd respondent because the evidence did not establish that International was the company's alter ego nor that the 2nd respondent had exclusive possession or unfettered control over the company or its documents.

Court Disposition

Interlocutory order partly granted: company ordered to give limited discovery after petition is amended; discovery against International and personal discovery against 2nd respondent refused.

Orders

  • Petitioner to amend the petition to plead the pricing allegation within 7 days of judgment.
  • Ping On Ointment Company Limited to give discovery by affidavit of the books and accounts specified in paragraph 1 of the summons (general ledger, sales day-book, sale and purchase contracts, purchase orders and other documentation relating to sales to International, management accounts and audited accounts) for the...