ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE MATERIAL HOLDING CO LTD

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE MATERIAL HOLDING CO LTD

The discovery summons was dismissed because the application was substantially out of time in breach of a prior case management timetable and because the documents sought were collateral and irrelevant to the core issue (share interest) so the court, exercising its discretion, refused discovery.

Citation
ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE MATERIAL HOLDING CO LTD
Parties
Plaintiff (original Action): ACHIEVE GOAL HOLDINGS LIMITED; Defendant (original Action): ZHONG XIN ORE-MATERIAL HOLDING COMPANY LIMITED; 1st Plaintiff (by Counterclaim): CLARIGAIN ENTERPRISES LIMITED; 2nd Plaintiff (by Counterclaim): BAI JUN TIAN CHENG LIMITED; 1st Defendant (by Counterclaim): ACHIEVE GOAL HOLDINGS LIMITED; 2nd Defendant (by Counterclaim): ANGOLA GROUP HOLDINGS LIMITED; 3rd Defendant (by Counterclaim): ZHAO BING; 4th Defendant (by Counterclaim): NG CHI KONG; 5th Defendant (by Counterclaim): ZHONG XIN ORE-MATERIAL HOLDING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2017
Case Number
HCA1987/2005
Procedural Posture
Civil: Company/share Dispute With Counterclaim; Application for Discovery / Decision on Discovery Summons (hearing and Decision 19 December 2017)
Outcome
Discovery summons refused
Legal Topics
Discovery, Hearsay Evidence, Settlement Agreement, Share Ownership Dispute, Credibility
Source Language
EN
Civil Procedure Evidence Company Law Contract Discovery Hearsay Evidence Settlement Agreement Share Ownership Dispute +1 more

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Parties

ACHIEVE GOAL HOLDINGS LIMITED

Plaintiff (original Action)

ZHONG XIN ORE-MATERIAL HOLDING COMPANY LIMITED

Defendant (original Action)

CLARIGAIN ENTERPRISES LIMITED

1st Plaintiff (by Counterclaim)

BAI JUN TIAN CHENG LIMITED

2nd Plaintiff (by Counterclaim)

ACHIEVE GOAL HOLDINGS LIMITED

1st Defendant (by Counterclaim)

ANGOLA GROUP HOLDINGS LIMITED

2nd Defendant (by Counterclaim)

ZHAO BING

3rd Defendant (by Counterclaim)

NG CHI KONG

4th Defendant (by Counterclaim)

ZHONG XIN ORE-MATERIAL HOLDING COMPANY LIMITED

5th Defendant (by Counterclaim)

Procedural Posture

Civil: Company/share Dispute With Counterclaim; Application for Discovery / Decision on Discovery Summons (hearing and Decision 19 December 2017)

Legal Issues

  1. 1 Whether the discovery summons for an agreement dated 17 May 2011 should be granted
  2. 2 Whether the documents sought are relevant to the admissibility/weight of hearsay evidence under s49(2) of the Evidence Ordinance
  3. 3 Whether the delay in seeking discovery disentitles the applicants to relief

Ratio Decidendi

The discovery summons was dismissed because the application was substantially out of time in breach of a prior case management timetable and because the documents sought were collateral and irrelevant to the core issue (share interest) so the court, exercising its discretion, refused discovery.

Court Disposition

Discovery summons refused

Orders

  • Discovery summons dismissed