ROSSLYN SERVICES LTD. v. MILIBOW ASSETS LTD. AND OTHERS

ROSSLYN SERVICES LTD. v. MILIBOW ASSETS LTD. AND OTHERS

Further and better particulars were ordered or deemed satisfactorily answered in respect of specified paragraphs as set out in the judgment; specific discovery applications were refused except insofar as requested documents are or have been in the actual possession, custody or power of the party ordered to produce them; DHK and RSL were ordered to comply with particular documentary schedules identified in the judgment; interrogatories served without order were withdrawn or disallowed where they were fishing, oppressive or improper; costs awarded to the substantially successful parties, nisi and taxed if not agreed.

Citation
ROSSLYN SERVICES LTD. v. MILIBOW ASSETS LTD. AND OTHERS
Parties
Plaintiff (hca 3810); 1st Defendant (hca 3994): Milibow Assets Limited; Defendant (hca 3810); Plaintiff by Counterclaim (3810): Dooyang Hong Kong Limited; 2nd Defendant by Counterclaim (3810); 2nd Defendant (3994): Wellko Industrial (BVI) Limited; Plaintiff (hca 3994): Rosslyn Services Limited; 3rd Defendant (hca 3994): Nagy Akram el-Azar; 4th Defendant (hca 3994): Herman To Yung Sing; 5th Defendant (hca 3994): Edmond Ip Tak Chuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2002
Case Number
HCA3994/2000
Procedural Posture
Civil Interlocutory Applications (pleadings, Discovery, Interrogatories) / Interlocutory Applications Heard; Judgment on Further Particulars, Discovery and Interrogatories
Outcome
Applications partly allowed and partly refused as set out: particulars largely answered or ordered in part; broad discovery refused except for documents in a party's possession custody or power; DHK and RSL ordered to produce specified categories; numerous interrogatories served without order disallowed or...
Legal Topics
Further and Better Particulars, Specific Discovery, Interrogatories, Lifting Corporate Veil, Costs
Source Language
EN
Civil Procedure Company Law Discovery Privilege Pleadings Further and Better Particulars Specific Discovery Interrogatories +2 more

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Parties

Milibow Assets Limited

Plaintiff (hca 3810); 1st Defendant (hca 3994)

Dooyang Hong Kong Limited

Defendant (hca 3810); Plaintiff by Counterclaim (3810)

Wellko Industrial (BVI) Limited

2nd Defendant by Counterclaim (3810); 2nd Defendant (3994)

Rosslyn Services Limited

Plaintiff (hca 3994)

Nagy Akram el-Azar

3rd Defendant (hca 3994)

Herman To Yung Sing

4th Defendant (hca 3994)

Edmond Ip Tak Chuen

5th Defendant (hca 3994)

Procedural Posture

Civil Interlocutory Applications (pleadings, Discovery, Interrogatories) / Interlocutory Applications Heard; Judgment on Further Particulars, Discovery and Interrogatories

Legal Issues

  1. 1 Whether amended pleadings required further and better particulars under Order 18 r12 RHC
  2. 2 Scope of specific discovery and whether documents of related corporate group are in possession, custody or power of litigant
  3. 3 Whether interrogatories served without order should be withdrawn under Order 26 r3 RHC

Ratio Decidendi

Further and better particulars were ordered or deemed satisfactorily answered in respect of specified paragraphs as set out in the judgment; specific discovery applications were refused except insofar as requested documents are or have been in the actual possession, custody or power of the party ordered to produce them; DHK and RSL were ordered to comply with particular documentary schedules identified in the judgment; interrogatories served without order were withdrawn or disallowed where they were fishing, oppressive or improper; costs awarded to the substantially successful parties, nisi and taxed if not agreed.

Court Disposition

Applications partly allowed and partly refused as set out: particulars largely answered or ordered in part; broad discovery refused except for documents in a party's possession custody or power; DHK and RSL ordered to produce specified categories; numerous interrogatories served without order disallowed or...

Orders

  • Further and better particulars: Milibow and RSL ordered to accept or comply with specified particulars in judgment or elect to abandon claims where indicated
  • Specific discovery: refused except in respect of documents which are or have been in the actual possession, custody or power of the party ordered to produce them