WILLWIN DEVELOPMENT (ASIA) CO LTD AND ANOTHER v. WEI XING AND OTHERS

WILLWIN DEVELOPMENT (ASIA) CO LTD AND ANOTHER v. WEI XING AND OTHERS

The court held that limited discovery was necessary and proportionate for the account-taking ordered by the Judgment: production of specified SWT financial records for 1 April 2008 to 30 April 2010 was ordered (books, payment and cash vouchers, management accounts, profit and loss accounts, bank transaction statements and general ledgers for accounting years ending 31 March 2009, 31 March 2010 and 31 March 2011). The court refused a late application to amend the summons and refused discovery requests which sought to re-litigate issues determined by the Judgment. WW was ordered to state on affidavit whether it has certain SWT documents for 1 March 2011 to 31 July 2011 and to produce them...

Citation
WILLWIN DEVELOPMENT (ASIA) CO LTD AND ANOTHER v. WEI XING AND OTHERS
Parties
1st Plaintiff: Willwin Development (Asia) Company Limited; 2nd Plaintiff: Shenzhen Willwin Technology Company Limited; 1st Defendant: Wei Xing; 2nd Defendant: Evolution Solution Limited; 3rd Defendant: Hu Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 August 2017
Case Number
HCA797/2012
Procedural Posture
Civil Action for Account of Profits, Breach of Fiduciary Duty, Breach of Confidence, Dishonest Assistance and Passing Off / Post Judgment Account Taking and Discovery Application (chambers Hearing)
Outcome
Summons partly granted for specified discovery; late amendment refused; discovery requests to re-litigate Judgment refused
Legal Topics
Misappropriation of Funds, ICS Receivables, Taking of Accounts, Scope of Discovery, Amendment of Summons, Stay of Proceedings Due to Liquidation
Source Language
EN
Fiduciary Duties Breach of Confidence Dishonest Assistance Passing Off Account of Profits Discovery Company Liquidation Misappropriation of Funds +5 more

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Parties

Willwin Development (Asia) Company Limited

1st Plaintiff

Shenzhen Willwin Technology Company Limited

2nd Plaintiff

Wei Xing

1st Defendant

Evolution Solution Limited

2nd Defendant

Hu Ying

3rd Defendant

Procedural Posture

Civil Action for Account of Profits, Breach of Fiduciary Duty, Breach of Confidence, Dishonest Assistance and Passing Off / Post Judgment Account Taking and Discovery Application (chambers Hearing)

Legal Issues

  1. 1 Whether discovery from plaintiffs (WW and SWT) is relevant, necessary and proportionate for the account-taking required by the Judgment
  2. 2 Whether the summons should be amended late to widen the discovery sought
  3. 3 Whether discovery may be used to re-litigate issues already decided in the Judgment

Ratio Decidendi

The court held that limited discovery was necessary and proportionate for the account-taking ordered by the Judgment: production of specified SWT financial records for 1 April 2008 to 30 April 2010 was ordered (books, payment and cash vouchers, management accounts, profit and loss accounts, bank transaction statements and general ledgers for accounting years ending 31 March 2009, 31 March 2010 and 31 March 2011). The court refused a late application to amend the summons and refused discovery requests which sought to re-litigate issues determined by the Judgment. WW was ordered to state on affidavit whether it has certain SWT documents for 1 March 2011 to 31 July 2011 and to produce them...

Court Disposition

Summons partly granted for specified discovery; late amendment refused; discovery requests to re-litigate Judgment refused

Orders

  • Produce SWT financial records for the period 1 April 2008 to 30 April 2010 including books, payment and cash vouchers, management accounts, profit and loss accounts (audited and unaudited), bank transaction statements and general ledgers for accounting years ending 31 March 2009, 31 March 2010 and 31 March 2011
  • WW to state on affidavit (pursuant to O 24 r 7(1) RHC) whether it is in possession, custody or control of (i) any payment and cash vouchers and general account ledgers of SWT for the period 1 March 2011 to 31 July 2011; and (ii) any bank transaction statements for any SWT bank account (other than from the Bank) for...