ACTIVE PROFIT LTD. v. NISSHO IWAI HONG KONG CORPORATION LTD. AND OTHERS

ACTIVE PROFIT LTD. v. NISSHO IWAI HONG KONG CORPORATION LTD. AND OTHERS

The court found the plaintiff met the jurisdictional threshold under Order 24 r7 and, in the exercise of its discretion, ordered specific discovery in respect of the items in paragraphs 1 to 6 of the Schedule (limited to those paragraphs), extended the compliance period to 21 days, required documents to be verified on oath, and made an order nisi for costs to be taxed if not agreed; the discovery was held to be within the perimeter of relevance to the pleaded restitution, conspiracy and fiduciary claims.

Citation
ACTIVE PROFIT LTD. v. NISSHO IWAI HONG KONG CORPORATION LTD. AND OTHERS
Parties
Plaintiff: Active Profit Limited; 1st Defendant: Nissho Iwai Hong Kong Corporation Limited; 2nd Defendant: Milemore Investment Limited; 3rd Defendant: Motoyuki Kodera; 4th Defendant: Carlos Yuk Kei Cho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2000
Case Number
HCCL47/1998
Procedural Posture
Commercial Action (commercial Action No.47 of 1998) / Interlocutory (specific Discovery Application)
Outcome
Application for specific discovery granted in part; discovery ordered within ambit of paragraphs 1 to 6 of the Schedule, compliance period amended to 21 days, verification on oath required, order nisi for costs to be taxed if not agreed; liberty to apply.
Legal Topics
Specific Discovery, Order 24 Rule 7 RHC, Tracing of Sale Proceeds, Breach of Fiduciary Duty, Conspiracy, Accounts and Inquiry, Legal Professional Privilege
Source Language
EN
Commercial Law Company Law Civil Procedure Discovery Restitution Fiduciary Law Equity Specific Discovery +6 more

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Parties

Active Profit Limited

Plaintiff

Nissho Iwai Hong Kong Corporation Limited

1st Defendant

Milemore Investment Limited

2nd Defendant

Motoyuki Kodera

3rd Defendant

Carlos Yuk Kei Cho

4th Defendant

Procedural Posture

Commercial Action (commercial Action No.47 of 1998) / Interlocutory (specific Discovery Application)

Legal Issues

  1. 1 Whether plaintiff established jurisdictional threshold under Order 24 r7 for specific discovery against 3rd and 4th defendants
  2. 2 Whether documents relating to payment and banking (items 3,5,6) are relevant to liability and tracing of sale proceeds
  3. 3 Whether correspondence, meeting notes and solicitor attendance notes (items 1,2,4) exist and are discoverable notwithstanding privilege issues

Ratio Decidendi

The court found the plaintiff met the jurisdictional threshold under Order 24 r7 and, in the exercise of its discretion, ordered specific discovery in respect of the items in paragraphs 1 to 6 of the Schedule (limited to those paragraphs), extended the compliance period to 21 days, required documents to be verified on oath, and made an order nisi for costs to be taxed if not agreed; the discovery was held to be within the perimeter of relevance to the pleaded restitution, conspiracy and fiduciary claims.

Court Disposition

Application for specific discovery granted in part; discovery ordered within ambit of paragraphs 1 to 6 of the Schedule, compliance period amended to 21 days, verification on oath required, order nisi for costs to be taxed if not agreed; liberty to apply.

Orders

  • Discovery ordered in terms of paragraphs 3 and 4 of the plaintiff's summons limited to paragraphs 1 to 6 of the Schedule
  • Time for compliance extended to 21 days