NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

The application for late discovery was refused because no good reason or exceptional circumstances were shown, the Trust Documents were not necessary for determination of the remaining issues, and permitting further discovery at this late stage would be contrary to the CJR obligations for early preparation and case management.

Citation
NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Parties
1st Plaintiff (hca 51/2007): NG KWOK PIU PHILIP; 2nd Plaintiff (hca 51/2007): CONFEDERATED ASSETS GROUP LIMITED; 3rd Plaintiff (hca 51/2007): WELL ARTS ENTERPRISES LIMITED; 1st Defendant (hca 51/2007): TO PUI KUI; 2nd Defendant (hca 51/2007): NG KWOK TAI ANDREW; 3rd Defendant (hca 51/2007): NG YIU CHI ELEANOR; 4th Defendant (hca 51/2007): NG SHEUNG MING ASSOCIATION LIMITED; 1st Plaintiff (hca 1040/2009): TO PUI KUI; 3rd Plaintiff (hca 1040/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1040/2009): HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED; 2nd Defendant (hca 1040/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1040/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1040/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1040/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1040/2009): NG YIU CHI ELEANOR; 1st Plaintiff (hca 1041/2009): TO PUI KUI; 3rd Plaintiff (hca 1041/2009): NG KAY CHEE ANGELA; 4th Plaintiff (hca 1041/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1041/2009): HULTUCKTONG COMPANY LIMITED; 2nd Defendant (hca 1041/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1041/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1041/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1041/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1041/2009): NG YIU CHI ELEANOR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2014
Case Number
HCA51/2007
Procedural Posture
Civil (consolidated Actions) / Interlocutory (discovery Application Pre‑trial)
Outcome
Application for discovery refused with costs
Legal Topics
Late Disclosure, Continuing Discovery Obligation, Case Management, Costs
Source Language
EN
Civil Procedure Discovery Evidence Late Disclosure Continuing Discovery Obligation Case Management Costs

Case Brief

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Parties

NG KWOK PIU PHILIP

1st Plaintiff (hca 51/2007)

CONFEDERATED ASSETS GROUP LIMITED

2nd Plaintiff (hca 51/2007)

WELL ARTS ENTERPRISES LIMITED

3rd Plaintiff (hca 51/2007)

TO PUI KUI

1st Defendant (hca 51/2007)

NG KWOK TAI ANDREW

2nd Defendant (hca 51/2007)

NG YIU CHI ELEANOR

3rd Defendant (hca 51/2007)

NG SHEUNG MING ASSOCIATION LIMITED

4th Defendant (hca 51/2007)

TO PUI KUI

1st Plaintiff (hca 1040/2009)

NG KWOK TAI ANDREW

3rd Plaintiff (hca 1040/2009)

HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED

1st Defendant (hca 1040/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1040/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1040/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1040/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1040/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1040/2009)

TO PUI KUI

1st Plaintiff (hca 1041/2009)

NG KAY CHEE ANGELA

3rd Plaintiff (hca 1041/2009)

NG KWOK TAI ANDREW

4th Plaintiff (hca 1041/2009)

HULTUCKTONG COMPANY LIMITED

1st Defendant (hca 1041/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1041/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1041/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1041/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1041/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1041/2009)

Procedural Posture

Civil (consolidated Actions) / Interlocutory (discovery Application Pre‑trial)

Legal Issues

  1. 1 Whether late disclosure of the Trust Documents should be permitted
  2. 2 Whether the Trust Documents are necessary for determination of the remaining issues at trial
  3. 3 Whether exceptional circumstances or good reasons exist to admit late evidence

Ratio Decidendi

The application for late discovery was refused because no good reason or exceptional circumstances were shown, the Trust Documents were not necessary for determination of the remaining issues, and permitting further discovery at this late stage would be contrary to the CJR obligations for early preparation and case management.

Court Disposition

Application for discovery refused with costs

Orders

  • The application for discovery is refused with costs