KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

The master correctly refused production because the powers of attorney were not part of the pleaded false evidence in this action; mere relevance did not satisfy Order 24 r 13(1)'s purposes and discovery to impeach credit is not a sufficient ground; therefore the discretionary refusal was properly exercised and the appeal fails.

Citation
KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
Parties
1st Plaintiff: KAN WAI CHUNG; 2nd Plaintiff: KAN KAR FAI; 3rd Plaintiff: KAN WAI MING; 4th Plaintiff: LAU FOOK KEUNG; 5th Plaintiff: KAN FOR PING STEVEN; 1st Defendant: HAU WUN FAI; 2nd Defendant: LI SIU FUNG; 3rd Defendant: YEUNG WAI HUNG PETER; 4th Defendant: LEE KWOK YUNG (trading as Hau, Lau, Li & Yeung); 5th Defendant: CHUNG YU CHING; 1st Third Party: SINO FAVOUR DEVELOPMENT LIMITED; 2nd Third Party: SHINY DEVELOP LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2015
Case Number
HCA868/2013
Procedural Posture
Civil Appeal (consolidated HCA 811/2010 & HCA 868/2013) / Decision (appeal Against Master's Order on Discovery)
Outcome
Appeal dismissed; master's order dated 3 September 2014 affirmed
Legal Topics
Discovery, Inspection of Documents, Order 24 R 10(1), R 11(1), R 13(1), False Evidence, Costs
Source Language
EN
Civil Procedure Evidence Property Conspiracy (tort) Discovery Inspection of Documents Order 24 R 10(1), R 11(1), R 13(1) False Evidence +1 more

Case Brief

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Parties

KAN WAI CHUNG

1st Plaintiff

KAN KAR FAI

2nd Plaintiff

KAN WAI MING

3rd Plaintiff

LAU FOOK KEUNG

4th Plaintiff

KAN FOR PING STEVEN

5th Plaintiff

HAU WUN FAI

1st Defendant

LI SIU FUNG

2nd Defendant

YEUNG WAI HUNG PETER

3rd Defendant

LEE KWOK YUNG (trading as Hau, Lau, Li & Yeung)

4th Defendant

CHUNG YU CHING

5th Defendant

SINO FAVOUR DEVELOPMENT LIMITED

1st Third Party

SHINY DEVELOP LIMITED

2nd Third Party

Procedural Posture

Civil Appeal (consolidated HCA 811/2010 & HCA 868/2013) / Decision (appeal Against Master's Order on Discovery)

Legal Issues

  1. 1 Whether Order 24 rr 10(1) and 11(1) required production of the plaintiffs' powers of attorney
  2. 2 Whether the subject documents fulfilled the purposes in Order 24 r 13(1) (disposing fairly of the cause or saving costs)
  3. 3 Whether discovery may be ordered to impeach the credit of a party

Ratio Decidendi

The master correctly refused production because the powers of attorney were not part of the pleaded false evidence in this action; mere relevance did not satisfy Order 24 r 13(1)'s purposes and discovery to impeach credit is not a sufficient ground; therefore the discretionary refusal was properly exercised and the appeal fails.

Court Disposition

Appeal dismissed; master's order dated 3 September 2014 affirmed

Orders

  • Appeal dismissed
  • Master's order dated 3 September 2014 to stand