RE NDT (BVI) TRADING LTD

RE NDT (BVI) TRADING LTD

The court exercised its discretion under Order 24 rule 14A and granted leave to relax the implied undertaking because the disclosed documents were material and relevant to the Guarantee Action, there was a close factual connection between proceedings, prima facie contradictions in witnesses statements suggested possible perjury, the Company was neutral and unlikely to suffer prejudice, and the public interest in allowing investigation of alleged perjury and professional misconduct outweighed confidentiality concerns.

Citation
RE NDT (BVI) TRADING LTD
Parties
Petitioners: Petitioners; Subject Company: NDT (BVI) Trading Limited; Alleged Wrongdoer/party in Guarantee Action: Pang Kin Shing Michael; Alleged Wrongdoer/party in Guarantee Action: Lo Chi Sum Andrew; Party in Guarantee Action: Wyman Chan Chun Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2009
Case Number
HCCW49/2008
Procedural Posture
Companies (winding Up) / Chambers Decision on Summons Under Order 24 Rule 14 a
Outcome
Summons granted in part: leave granted to use disclosed documents in the Guarantee Action; leave granted to use specified documents to lodge criminal complaints against Pang and Lo and to lodge complaint to the Law Society against the identified firm of solicitors; no order as to costs.
Legal Topics
Implied Undertaking on Discovery, Order 24 Rule 14 a, Collateral Use of Disclosed Documents, Relaxation of Undertaking, Complaint to Prosecuting Authorities, Complaint to Law Society
Source Language
EN
Civil Procedure Companies Law Evidence and Discovery Professional Conduct Criminal (perjury) Implied Undertaking on Discovery Order 24 Rule 14 a Collateral Use of Disclosed Documents +3 more

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Parties

Petitioners

Petitioners

NDT (BVI) Trading Limited

Subject Company

Pang Kin Shing Michael

Alleged Wrongdoer/party in Guarantee Action

Lo Chi Sum Andrew

Alleged Wrongdoer/party in Guarantee Action

Wyman Chan Chun Chung

Party in Guarantee Action

Procedural Posture

Companies (winding Up) / Chambers Decision on Summons Under Order 24 Rule 14 a

Legal Issues

  1. 1 Whether the implied undertaking under Order 24 rule 14A should be relaxed to permit use of documents disclosed in the winding-up petition in a separate Guarantee Action
  2. 2 Whether the disclosed documents may be used to lodge a criminal complaint for perjury against Pang and Lo
  3. 3 Whether the disclosed documents may be used to lodge a complaint with the Law Society against the solicitors identified

Ratio Decidendi

The court exercised its discretion under Order 24 rule 14A and granted leave to relax the implied undertaking because the disclosed documents were material and relevant to the Guarantee Action, there was a close factual connection between proceedings, prima facie contradictions in witnesses statements suggested possible perjury, the Company was neutral and unlikely to suffer prejudice, and the public interest in allowing investigation of alleged perjury and professional misconduct outweighed confidentiality concerns.

Court Disposition

Summons granted in part: leave granted to use disclosed documents in the Guarantee Action; leave granted to use specified documents to lodge criminal complaints against Pang and Lo and to lodge complaint to the Law Society against the identified firm of solicitors; no order as to costs.

Orders

  • Order in terms of paragraph 1 of the petitioners' summons as amended
  • Disclosed documents may be used in the Guarantee Action