EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

The court held the interrogatories were relevant to pleaded issues but should not be answered immediately; instead they are to be dealt with after exchange of witness statements because that approach is fairer to both parties and is likely to avoid unnecessary cost and duplication; the acting master s order is varied accordingly and the parties are given liberty to apply if necessary.

Citation
EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS
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 (hca 6772/1995): YANG TAK SHING; Defendant (hca 6772/1995): EKPAC ENGINEERING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 September 1999
Case Number
HCA1984/1995
Procedural Posture
Civil Appeal / Interlocutory Appeal From Order of Acting Master in Chambers
Outcome
Appeal allowed in part; order of acting master Muttrie varied to defer interrogatories until after exchange of witness statements; parties liberty to apply.
Legal Topics
Interrogatories, Discovery, Fiduciary Duties, Secret Commission, Termination of Distributorship, Witness Statements, Costs
Source Language
EN
Civil Procedure Contract Law Company Law Equity Interrogatories Discovery Fiduciary Duties Secret Commission +3 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 (hca 6772/1995)

EKPAC ENGINEERING LIMITED

Defendant (hca 6772/1995)

Procedural Posture

Civil Appeal / Interlocutory Appeal From Order of Acting Master in Chambers

Legal Issues

  1. 1 Whether the interrogatories served by the Defendants on the 3rd Plaintiff must be answered now
  2. 2 Whether alleged secret commissions are relevant to the cause of termination of Kone distributorship agreements
  3. 3 Whether interrogatories would save costs or unjustifiably increase them

Ratio Decidendi

The court held the interrogatories were relevant to pleaded issues but should not be answered immediately; instead they are to be dealt with after exchange of witness statements because that approach is fairer to both parties and is likely to avoid unnecessary cost and duplication; the acting master s order is varied accordingly and the parties are given liberty to apply if necessary.

Court Disposition

Appeal allowed in part; order of acting master Muttrie varied to defer interrogatories until after exchange of witness statements; parties liberty to apply.

Orders

  • Interrogatories served by the Defendants on the 3rd Plaintiff are to be dealt with after the exchange of witness statements
  • Liberty to apply for either party if necessary