LI ZHONG v. TO CHI KO AND OTHERS

LI ZHONG v. TO CHI KO AND OTHERS

The registers of Vanco (shareholders and directors) are not relevant to the core issues of liability between the Applicant and the respondents; discovery cannot be granted merely to test credibility or for a fishing expedition; it was not necessary for the fair disposal of the case and discretion should be exercised against ordering specific discovery, therefore the summons is dismissed with costs.

Citation
LI ZHONG v. TO CHI KO AND OTHERS
Parties
Applicant: Li (Applicant); 1st Respondent: To (1st Respondent); 2nd Respondent: Hung (2nd Respondent); 3rd Respondent: Richman Properties (3rd Respondent)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 February 2009
Case Number
DCEC595/2008
Procedural Posture
Employees Compensation Ordinance Claim / Interlocutory Application for Specific Discovery (o.24 R.7) — Summons Heard and Dismissed
Outcome
Summons for specific discovery dismissed
Legal Topics
Specific Discovery, Relevance of Documents, Necessity for Fair Trial, Employer Employee Relationship, Credibility Assessment, Service of Process
Source Language
EN
Employment Law Civil Procedure Company Law Evidence/discovery Specific Discovery Relevance of Documents Necessity for Fair Trial Employer Employee Relationship +2 more

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Parties

Li (Applicant)

Applicant

To (1st Respondent)

1st Respondent

Hung (2nd Respondent)

2nd Respondent

Richman Properties (3rd Respondent)

3rd Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Interlocutory Application for Specific Discovery (o.24 R.7) — Summons Heard and Dismissed

Legal Issues

  1. 1 Whether the accident occurred as alleged
  2. 2 Whether any contractual relationship existed between Applicant and any Respondent
  3. 3 Whether any such relationship was employer-employee

Ratio Decidendi

The registers of Vanco (shareholders and directors) are not relevant to the core issues of liability between the Applicant and the respondents; discovery cannot be granted merely to test credibility or for a fishing expedition; it was not necessary for the fair disposal of the case and discretion should be exercised against ordering specific discovery, therefore the summons is dismissed with costs.

Court Disposition

Summons for specific discovery dismissed

Orders

  • Summons dismissed
  • Costs to 2nd and 3rd Respondents (Hung and Richman Properties) to be paid by Applicant, to be taxed if not agreed