IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS

IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS

On the balance of probabilities the 1st Plaintiff failed to make proper and full discovery of relevant documents ordered by the court, including documents in its possession or power, and provided no adequate explanation; this deliberate or culpable non-disclosure created a real and substantial risk that a fair trial was not possible, therefore the 1st Plaintiff's claim is dismissed on the 1st Defendant's summons; the other plaintiffs' actions are dismissed on their withdrawal.

Citation
IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS
Parties
1st Plaintiff: Image Technology (Hong Kong) Limited; 2nd Plaintiff: Qingyuan Real Estate Develop General Company; 3rd Plaintiff: Photo Supply Corporation; 4th Plaintiff: Qingyuan 3D Photographic Technology Corporation; 1st Plaintiff (beijing Action): The Beijing Trust Investment Corporation of the People's Construction Bank of China; 2nd Plaintiff (beijing Action): Zhong Man Electronic System Corporation; 3rd Plaintiff (beijing Action): Beijing Sunny Stereoscopic Photography Technology Co. Ltd.; 1st Defendant: Ho Ying Cheong; 2nd Defendant: Ho Ching Cheong Investment Co. Ltd.; 3rd Defendant: Ho Ching Cheong International Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 1995
Case Number
HCA6861/1993
Procedural Posture
Civil Commercial Proceedings (contracts, Alleged Fraud, Patents, Mareva Injunction) / Trial With Interlocutory Applications (hearing on Discovery and Dismissal Summonses)
Outcome
1st Plaintiff's claim dismissed for failure to comply with discovery orders; all other Plaintiffs' actions dismissed on their summonses to withdraw.
Legal Topics
Non Disclosure of Documents, Dismissal for Abuse of Process, Mareva (freezing) Injunction, Sequestration, Relevance of Documents for Discovery, Contumacious Conduct
Source Language
EN
Civil Procedure Discovery Intellectual Property Contract Law Injunctions Fraud Non Disclosure of Documents Dismissal for Abuse of Process +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Image Technology (Hong Kong) Limited

1st Plaintiff

Qingyuan Real Estate Develop General Company

2nd Plaintiff

Photo Supply Corporation

3rd Plaintiff

Qingyuan 3D Photographic Technology Corporation

4th Plaintiff

The Beijing Trust Investment Corporation of the People's Construction Bank of China

1st Plaintiff (beijing Action)

Zhong Man Electronic System Corporation

2nd Plaintiff (beijing Action)

Beijing Sunny Stereoscopic Photography Technology Co. Ltd.

3rd Plaintiff (beijing Action)

Ho Ying Cheong

1st Defendant

Ho Ching Cheong Investment Co. Ltd.

2nd Defendant

Ho Ching Cheong International Co. Ltd.

3rd Defendant

Procedural Posture

Civil Commercial Proceedings (contracts, Alleged Fraud, Patents, Mareva Injunction) / Trial With Interlocutory Applications (hearing on Discovery and Dismissal Summonses)

Legal Issues

  1. 1 Whether the 1st Plaintiff failed to comply with court orders for discovery of documents
  2. 2 Whether non-disclosure amounted to deliberate suppression/contumacious conduct
  3. 3 Whether the non-disclosure created a real or substantial risk that a fair trial was impossible

Ratio Decidendi

On the balance of probabilities the 1st Plaintiff failed to make proper and full discovery of relevant documents ordered by the court, including documents in its possession or power, and provided no adequate explanation; this deliberate or culpable non-disclosure created a real and substantial risk that a fair trial was not possible, therefore the 1st Plaintiff's claim is dismissed on the 1st Defendant's summons; the other plaintiffs' actions are dismissed on their withdrawal.

Court Disposition

1st Plaintiff's claim dismissed for failure to comply with discovery orders; all other Plaintiffs' actions dismissed on their summonses to withdraw.

Orders

  • Dismissal of Image Technology (Hong Kong) Limited's claim pursuant to 1st Defendant's summons for non-disclosure of documents.
  • Dismissal of all other plaintiffs' actions in both proceedings on the plaintiffs' summonses to withdraw.