CHUNG OI SIM v. APLEICHAU MAXICAB SERVICE CO LTD AND OTHERS

CHUNG OI SIM v. APLEICHAU MAXICAB SERVICE CO LTD AND OTHERS

Court ordered banks (Bank of China (HK) as successor to China and South Sea Bank and Hang Seng Bank) to disclose the company's bank statements for 25 June 1997 to 11 July 2003 and ordered disclosure of the sole proprietorship's bank statements for 1 Jan 1997 to 25 June 1997 as relevant; refused disclosure of the struck off previous company's bank statements as a fishing exercise; refused disclosure of the 2nd respondent's personal and joint accounts as irrelevant and oppressive given existing discovery; dismissed the summons for an unless order and allocated costs accordingly.

Citation
CHUNG OI SIM v. APLEICHAU MAXICAB SERVICE CO LTD AND OTHERS
Parties
Petitioner: Chung Oi Sim; 1st Respondent: Apleichau Maxicab Service Co., Limited; 2nd Respondent: Chow Kei Chung; 3rd Respondent: Chow Lai Wah; 4th Respondent: Chan Tit Kan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2005
Case Number
HCMP3017/2003
Procedural Posture
Petition Under Section 168 a Companies Ordinance / Interlocutory Applications for Discovery Under Order 24 and Section 21 Evidence Ordinance and an Unless Order (chambers Decision)
Outcome
Discovery against banks partially allowed and partially refused; unless order dismissed; costs awarded as stated.
Legal Topics
Discovery, Bankers Books Inspection, Unfair Prejudice, Unless Order, Costs, Fishing Expedition
Source Language
EN
Company Law Evidence Civil Procedure Banking Law Discovery Bankers Books Inspection Unfair Prejudice Unless Order +2 more

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Parties

Chung Oi Sim

Petitioner

Apleichau Maxicab Service Co., Limited

1st Respondent

Chow Kei Chung

2nd Respondent

Chow Lai Wah

3rd Respondent

Chan Tit Kan

4th Respondent

Procedural Posture

Petition Under Section 168 a Companies Ordinance / Interlocutory Applications for Discovery Under Order 24 and Section 21 Evidence Ordinance and an Unless Order (chambers Decision)

Legal Issues

  1. 1 Whether bank statements should be ordered disclosed under section 21 Evidence Ordinance
  2. 2 Whether bank statements of the 2nd respondent's personal and joint accounts are relevant and disclosable
  3. 3 Whether bank statements of a struck off previous company are sufficiently relevant

Ratio Decidendi

Court ordered banks (Bank of China (HK) as successor to China and South Sea Bank and Hang Seng Bank) to disclose the company's bank statements for 25 June 1997 to 11 July 2003 and ordered disclosure of the sole proprietorship's bank statements for 1 Jan 1997 to 25 June 1997 as relevant; refused disclosure of the struck off previous company's bank statements as a fishing exercise; refused disclosure of the 2nd respondent's personal and joint accounts as irrelevant and oppressive given existing discovery; dismissed the summons for an unless order and allocated costs accordingly.

Court Disposition

Discovery against banks partially allowed and partially refused; unless order dismissed; costs awarded as stated.

Orders

  • Bank of China (Hong Kong) Limited (successor to China and South Sea Bank) and Hang Seng Bank Limited ordered to disclose bank statements of Apleichau Maxicab Service Company Limited for 25 June 1997 to 11 July 2003 (item 3 of schedule)
  • Banks ordered to disclose bank statements of Ap Lei Chau Maxicab Service Company (Kwok's Sole Proprietorship) for 1 January 1997 to 25 June 1997 (item 1 of schedule)