TAIHAN ELECTRIC WIRE CO LTD AND ANOTHER v. LEE CHI YUEN ARCTIC AND OTHERS

TAIHAN ELECTRIC WIRE CO LTD AND ANOTHER v. LEE CHI YUEN ARCTIC AND OTHERS

The court held that the plaintiffs had deployed the contents of the settlement agreement (including producing a copy at the ex parte stage and relying on its terms in affidavits), thereby waiving privilege to the extent necessary; the settlement agreement is relevant and necessary for the fair disposal of the action (trial) and must be produced at the time for inspection after exchange of lists of documents; however, because the application was made late, production was not ordered for the immediate Mareva injunction hearing. Mr Lau must be given an opportunity to make representations and appropriate confidentiality conditions may be imposed.

Citation
TAIHAN ELECTRIC WIRE CO LTD AND ANOTHER v. LEE CHI YUEN ARCTIC AND OTHERS
Parties
1st Plaintiff: Taihan Electric Wire Company Limited; 2nd Plaintiff: Taihan Global Holdings Limited; 1st Defendant: Lau Siu Ming; Defendant: Lee Chi Yuen; 3rd Defendant: Yuanzhi; 4th Defendant: Winful
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2013
Case Number
HCA454/2013
Procedural Posture
Interlocutory Application for Production of Documents and Mareva Injunction / Application Under Order 24 for Production; Hearing of Mareva Injunction Pending
Outcome
Order nisi that plaintiffs produce the settlement agreement at the document inspection stage (not for the Mareva injunction hearing); Mr Lau to be given opportunity to make representations; confidentiality terms to be agreed or imposed; costs orders reserved.
Legal Topics
Production of Documents, Waiver of Privilege, Mareva Injunction, Settlement Agreement Disclosure, Costs
Source Language
EN
Civil Procedure Evidence Confidentiality Injunctions Production of Documents Waiver of Privilege Mareva Injunction Settlement Agreement Disclosure +1 more

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Parties

Taihan Electric Wire Company Limited

1st Plaintiff

Taihan Global Holdings Limited

2nd Plaintiff

Lau Siu Ming

1st Defendant

Lee Chi Yuen

Defendant

Yuanzhi

3rd Defendant

Winful

4th Defendant

Procedural Posture

Interlocutory Application for Production of Documents and Mareva Injunction / Application Under Order 24 for Production; Hearing of Mareva Injunction Pending

Legal Issues

  1. 1 Whether the settlement agreement must be produced for inspection
  2. 2 Whether privilege was waived by deployment of the settlement agreement in affidavits
  3. 3 Whether production is necessary for the fair disposal of the Mareva injunction hearing or the action at trial

Ratio Decidendi

The court held that the plaintiffs had deployed the contents of the settlement agreement (including producing a copy at the ex parte stage and relying on its terms in affidavits), thereby waiving privilege to the extent necessary; the settlement agreement is relevant and necessary for the fair disposal of the action (trial) and must be produced at the time for inspection after exchange of lists of documents; however, because the application was made late, production was not ordered for the immediate Mareva injunction hearing. Mr Lau must be given an opportunity to make representations and appropriate confidentiality conditions may be imposed.

Court Disposition

Order nisi that plaintiffs produce the settlement agreement at the document inspection stage (not for the Mareva injunction hearing); Mr Lau to be given opportunity to make representations; confidentiality terms to be agreed or imposed; costs orders reserved.

Orders

  • Settlement agreement to be produced only after exchange of lists of documents and at the time for inspection
  • Before inspection Mr Lau to be given opportunity to make representations for or against production and on terms of disclosure