CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others

CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others

Noting concessions and pleadings, the court held that Companies Registry notices implying dates of appointment justified ordering production of the corresponding minutes for the 6th and 7th Defendants (items 8 and 9). Correspondence alleged but neither referenced nor admitted was not ordered as premature. Requests for documents about brands (items 11 and 12) were set aside as premature pending further particularisation of the pleadings. Costs before the Master were ordered against the Defendants with certificate for counsel; costs of the hearing of the appeal were ordered against the Plaintiffs as the Defendants substantially succeeded.

Citation
CHAN CHUNG WAI and Other v. CHEUNG WAI PUI and Others
Parties
1st Plaintiff: CHAN CHUNG WAI; 2nd Plaintiff: CHAN CHUNG CHUN; 3rd Plaintiff: CHAN CHUNG YIN; 4th Plaintiff: CHU PUI CHING; 1st Defendant: CHEUNG WAI PUI; 2nd Defendant: CHANG KUO HSIEN; 3rd Defendant: CHANG WEI CHUNG; 4th Defendant: WAI WAN CHIN; 5th Defendant: RAINBOW COME LIMITED; 6th Defendant: JIN JIANG TRADING COMPANY (H.K.) LIMITED; 7th Defendant: ELEGANT VIEW LIMITED; 8th Defendant: JAN NAM HONG LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 1998
Case Number
HCA8721/1997
Procedural Posture
Appeal From Master's Order / Decision on Interlocutory Discovery and Costs
Outcome
Master's order varied in part (items 8 and 9) and set aside in part (items 11 and 12)
Legal Topics
Further and Better List of Documents, Disclosure of Corporate Records, Directors' Appointments, Pleadings Particularity, Costs Orders
Source Language
EN
Civil Procedure Company Law Discovery/disclosure Further and Better List of Documents Disclosure of Corporate Records Directors' Appointments Pleadings Particularity Costs Orders

Case Brief

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Parties

CHAN CHUNG WAI

1st Plaintiff

CHAN CHUNG CHUN

2nd Plaintiff

CHAN CHUNG YIN

3rd Plaintiff

CHU PUI CHING

4th Plaintiff

CHEUNG WAI PUI

1st Defendant

CHANG KUO HSIEN

2nd Defendant

CHANG WEI CHUNG

3rd Defendant

WAI WAN CHIN

4th Defendant

RAINBOW COME LIMITED

5th Defendant

JIN JIANG TRADING COMPANY (H.K.) LIMITED

6th Defendant

ELEGANT VIEW LIMITED

7th Defendant

JAN NAM HONG LIMITED

8th Defendant

Procedural Posture

Appeal From Master's Order / Decision on Interlocutory Discovery and Costs

Legal Issues

  1. 1 Whether the Master properly ordered further and better discovery for specified items
  2. 2 Whether notices to Companies Registry require production of board and general meeting minutes
  3. 3 Whether correspondence and documents relating to brands should be ordered absent particularised pleadings

Ratio Decidendi

Noting concessions and pleadings, the court held that Companies Registry notices implying dates of appointment justified ordering production of the corresponding minutes for the 6th and 7th Defendants (items 8 and 9). Correspondence alleged but neither referenced nor admitted was not ordered as premature. Requests for documents about brands (items 11 and 12) were set aside as premature pending further particularisation of the pleadings. Costs before the Master were ordered against the Defendants with certificate for counsel; costs of the hearing of the appeal were ordered against the Plaintiffs as the Defendants substantially succeeded.

Court Disposition

Master's order varied in part (items 8 and 9) and set aside in part (items 11 and 12)

Orders

  • Item (8) varied to: All notices to the Companies Registry, minutes of board meetings and minutes of general meetings including annual general meetings and extraordinary general meetings of the 6th Defendant in relation to the appointment of the 1st, 2nd and 3rd Defendants and Kwok Lo Sum as directors or secretary of...
  • Item (9) varied to: All notices to the Companies Registry, minutes of board meetings and minutes of general meetings including annual general meetings and extraordinary general meetings of the 7th Defendant in relation to the appointment of the 1st, 2nd, 3rd and 4th Defendants as directors or secretary of the 7th...