YANG TAK SHING v. EKPAC ENGINEERING LTD.

YANG TAK SHING v. EKPAC ENGINEERING LTD.

Although the interrogatories were relevant to issues raised in the pleadings, the judge exercised his discretion to defer their answer because the matters are more appropriately and fairly dealt with after exchange of witness statements; interrogatories at that stage would not save costs and might increase them, so the acting masters order was varied to require interrogatories to be dealt with after witness statements with liberty to apply.

Citation
YANG TAK SHING v. EKPAC ENGINEERING LTD.
Parties
1st Plaintiff: EKPAC CHINA LIMITED; 2nd Plaintiff: EKPAC AGENCIES LIMITED; 3rd Plaintiff: EKPAC ENGINEERING LIMITED; 1st Defendant: NEWMAN LIU CHI MAN; 2nd Defendant: DENNIS YANG TAT SHING; 3rd Defendant: HARBOUR SUN ENGINEERING LIMITED; 4th Defendant: PORT FAIRY LIMITED; 5th Defendant: ALPAC ENGINEERING LIMITED; Plaintiff (consolidated Action): YANG TAK SHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 September 1999
Case Number
HCA6772/1995
Procedural Posture
Civil Appeal (interlocutory Discovery) / Interlocutory Appeal Against Masters Order Denying Interrogatories (decision in Chambers)
Outcome
Order of acting master Muttrie varied: interrogatories deferred to be dealt with after exchange of witness statements; liberty to apply granted
Legal Topics
Interrogatories, Witness Statements, Secret Commission, Termination of Contract, Proportionality and Costs
Source Language
EN
Civil Procedure Contract Fiduciary Duty Conspiracy Discovery and Disclosure Interrogatories Witness Statements Secret Commission +2 more

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Parties

EKPAC CHINA LIMITED

1st Plaintiff

EKPAC AGENCIES LIMITED

2nd Plaintiff

EKPAC ENGINEERING LIMITED

3rd Plaintiff

NEWMAN LIU CHI MAN

1st Defendant

DENNIS YANG TAT SHING

2nd Defendant

HARBOUR SUN ENGINEERING LIMITED

3rd Defendant

PORT FAIRY LIMITED

4th Defendant

ALPAC ENGINEERING LIMITED

5th Defendant

YANG TAK SHING

Plaintiff (consolidated Action)

Procedural Posture

Civil Appeal (interlocutory Discovery) / Interlocutory Appeal Against Masters Order Denying Interrogatories (decision in Chambers)

Legal Issues

  1. 1 Whether interrogatories served on the 3rd Plaintiff must be answered
  2. 2 Whether alleged secret commissions are relevant to the termination of the Kone distributorship agreements
  3. 3 Whether interrogatories would save costs or are disproportionate at interlocutory stage

Ratio Decidendi

Although the interrogatories were relevant to issues raised in the pleadings, the judge exercised his discretion to defer their answer because the matters are more appropriately and fairly dealt with after exchange of witness statements; interrogatories at that stage would not save costs and might increase them, so the acting masters order was varied to require interrogatories to be dealt with after witness statements with liberty to apply.

Court Disposition

Order of acting master Muttrie varied: interrogatories deferred to be dealt with after exchange of witness statements; liberty to apply granted

Orders

  • Interrogatories served by the Defendants on the 3rd Plaintiff are to be dealt with after the exchange of witness statements
  • Parties are granted liberty to apply if necessary