ORIENTAL GENERATION LTD AND OTHERS v. NGO KUI SING AND OTHERS

ORIENTAL GENERATION LTD AND OTHERS v. NGO KUI SING AND OTHERS

The tribunal granted the specific discovery and interrogatories because the requested documents and answers were directly relevant and necessary to determine whether the challenged CPS transactions and mortgage were genuine or arm's length, which materially affects EUV assessments and expert methodologies; the likely prejudice to applicants if disclosure were refused outweighed the delay and the orders were necessary for fair disposal and to save costs.

Citation
ORIENTAL GENERATION LTD AND OTHERS v. NGO KUI SING AND OTHERS
Parties
1st Applicant: ORIENTAL GENERATION LIMITED; 2nd Applicant: CHINA CREATION INVESTMENT LIMITED; 3rd Applicant: SMART BEAUTY LIMITED; 4th Applicant: WONG WING WAH; 22nd Respondent: GET LUCK INVESTMENT LIMITED; 33rd Respondent: 33rd Respondent; 34th Respondent: 34th Respondent; 40th Respondent: 40th Respondent; 44th Respondent: 44th Respondent; 39th Respondent: 39th Respondent; 41st Respondent: 41st Respondent; 42nd Respondent: 42nd Respondent; 43rd Respondent: 43rd Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 February 2015
Case Number
LDCS4000/2013
Procedural Posture
Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap.545) / Interlocutory — Discovery and Interrogatories Pre Trial
Outcome
Interlocutory relief granted in part: discovery and interrogatory orders made against R22, R40, R44, R33, R34, R39, R41, R42 and R43 with specified compliance deadlines; costs ordered nisi each party to bear own costs
Legal Topics
Compulsory Sale, Existing Use Value (euv), Specific Discovery, Interrogatories, Mortgage Genuineness, Lease Breach
Source Language
EN
Land Law Civil Procedure Evidence Valuation Mortgage Law Compulsory Sale Existing Use Value (euv) Specific Discovery +3 more

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Parties

ORIENTAL GENERATION LIMITED

1st Applicant

CHINA CREATION INVESTMENT LIMITED

2nd Applicant

SMART BEAUTY LIMITED

3rd Applicant

WONG WING WAH

4th Applicant

GET LUCK INVESTMENT LIMITED

22nd Respondent

33rd Respondent

33rd Respondent

34th Respondent

34th Respondent

40th Respondent

40th Respondent

44th Respondent

44th Respondent

39th Respondent

39th Respondent

41st Respondent

41st Respondent

42nd Respondent

42nd Respondent

43rd Respondent

43rd Respondent

Procedural Posture

Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap.545) / Interlocutory — Discovery and Interrogatories Pre Trial

Legal Issues

  1. 1 Whether specific discovery and interrogatories are relevant and necessary to determine if certain CPS transactions and a mortgage were genuine or arm's length
  2. 2 Whether the requested materials (transaction documents, valuations, mortgage documents, Lands Department letter) are necessary for a fair disposal and to test experts' EUV methodologies
  3. 3 Whether delay in seeking discovery defeats the application and whether prejudice to applicants is irreparable

Ratio Decidendi

The tribunal granted the specific discovery and interrogatories because the requested documents and answers were directly relevant and necessary to determine whether the challenged CPS transactions and mortgage were genuine or arm's length, which materially affects EUV assessments and expert methodologies; the likely prejudice to applicants if disclosure were refused outweighed the delay and the orders were necessary for fair disposal and to save costs.

Court Disposition

Interlocutory relief granted in part: discovery and interrogatory orders made against R22, R40, R44, R33, R34, R39, R41, R42 and R43 with specified compliance deadlines; costs ordered nisi each party to bear own costs

Orders

  • Affidavit or affirmation as to existence/possession of requested documents to be filed and served on or before noon on 24 February 2015
  • Production for inspection of the requested documents on or before noon on 27 February 2015