RE MIGHT FOUNDATE DEVELOPMENT LTD.

RE MIGHT FOUNDATE DEVELOPMENT LTD.

The court exercised its discretion to grant limited discovery relevant to the genuineness of the alleged loan while refusing or redirecting overbroad or improperly targeted requests: ordered production of the Petitioner's audited accounts for year ended 31 March 1995, ordered production of the Petitioner's current account with the Company from 1994, ordered production of the solicitor's letter dated 19 March 2001 under O.24 r.10, refused order compelling the Petitioner to produce the original demand letter LN-10 (should be sought from the Company), declined to require production of Petitioner accounts for year ended 31 March 2001 as not finalized, and indicated company accounts and other...

Citation
RE MIGHT FOUNDATE DEVELOPMENT LTD.
Parties
Opposing Creditor: CCECC(HK) Ltd; Petitioner: Strong Bases Import & Export Co. Ltd; Company: Might Foundate Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 2002
Case Number
HCCW1137/2001
Procedural Posture
Companies Winding Up Proceedings Under S177(1)(d) Companies Ordinance / Interlocutory Discovery Application in Chambers Prior to Petition Hearing
Outcome
Application partly granted and partly dismissed: specific discovery orders granted and some requests refused or redirected.
Legal Topics
Charging Order, Statutory Demand, Discovery, Related Party Transactions, Petition for Winding Up
Source Language
EN
Company Law Insolvency Civil Procedure Evidence Charging Order Statutory Demand Discovery Related Party Transactions +1 more

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Parties

CCECC(HK) Ltd

Opposing Creditor

Strong Bases Import & Export Co. Ltd

Petitioner

Might Foundate Development Limited

Company

Procedural Posture

Companies Winding Up Proceedings Under S177(1)(d) Companies Ordinance / Interlocutory Discovery Application in Chambers Prior to Petition Hearing

Legal Issues

  1. 1 Whether the Petitioner must produce originals and other documents requested by the Opposing Creditor prior to the hearing
  2. 2 Whether the Petitioner is the proper party to provide certain documents (possession/custody/control)
  3. 3 Whether requested discovery is relevant and/or oppressive in scope

Ratio Decidendi

The court exercised its discretion to grant limited discovery relevant to the genuineness of the alleged loan while refusing or redirecting overbroad or improperly targeted requests: ordered production of the Petitioner's audited accounts for year ended 31 March 1995, ordered production of the Petitioner's current account with the Company from 1994, ordered production of the solicitor's letter dated 19 March 2001 under O.24 r.10, refused order compelling the Petitioner to produce the original demand letter LN-10 (should be sought from the Company), declined to require production of Petitioner accounts for year ended 31 March 2001 as not finalized, and indicated company accounts and other...

Court Disposition

Application partly granted and partly dismissed: specific discovery orders granted and some requests refused or redirected.

Orders

  • Cross-examination of Mr Li Ngai in terms of paragraphs 1-3 of the summons granted
  • Production by Petitioner of audited accounts for year ended 31 March 1995 ordered