OLIVIA DAVIES v. LAU SHEK YAU JOHN and Others

OLIVIA DAVIES v. LAU SHEK YAU JOHN and Others

Ordered specific discovery in part: documents and classes that were relevant to the pleaded conspiracy and company management were to be disclosed but restricted to the relevant period covering the alleged overt acts (September–November 1992). Requests that were unreasonably broad or not probative (eg telephone...

Source-derived case information.

Citation
OLIVIA DAVIES v. LAU SHEK YAU JOHN and Others
Parties
Plaintiff: OLIVIA DAVIES; First Defendant: LAU SHEK YAU JOHN; Second Defendant: WONG CHANG GLORIA; Third Defendant: CHU KA TING MICHAEL; Fourth Defendant: WONG SIK WOON STEPHEN; Fifth Defendant: CCD & ASSOCIATES LIMITED; Sixth Defendant: CAO YUN; Seventh Defendant: LIN CHIA CHENG; Eighth Defendant: KING BRILLIANT LIMITED; Ninth Defendant: METROADS INTERNATIONAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 1995
Case Number
HCA3617/1994
Procedural Posture
Civil Conspiracy and Company/shareholder Dispute (discovery Application) / Interlocutory Hearing on Specific Discovery and Appeal From Master's Partial Order
Outcome
Particular discovery ordered in part and limited to the relevant period (Sept–Nov 1992); certain requests refused as overbroad or not relevant; costs awarded to plaintiff (order nisi).
Legal Topics
Specific Discovery, Disclosure, Relevance, Fiduciary Duties, Constructive Trust, Scope of Documents, Limitation of Discovery Period
Source Language
en
Civil Procedure Company Law Equity Trusts Tort Conspiracy Specific Discovery Disclosure Relevance +4 more

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Parties

OLIVIA DAVIES

Plaintiff

LAU SHEK YAU JOHN

First Defendant

WONG CHANG GLORIA

Second Defendant

CHU KA TING MICHAEL

Third Defendant

WONG SIK WOON STEPHEN

Fourth Defendant

CCD & ASSOCIATES LIMITED

Fifth Defendant

CAO YUN

Sixth Defendant

LIN CHIA CHENG

Seventh Defendant

KING BRILLIANT LIMITED

Eighth Defendant

METROADS INTERNATIONAL LIMITED

Ninth Defendant

Procedural Posture

Civil Conspiracy and Company/shareholder Dispute (discovery Application) / Interlocutory Hearing on Specific Discovery and Appeal From Master's Partial Order

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case entitling her to specific discovery of listed documents
  2. 2 Whether requested classes of documents are relevant and proportionate to the issues
  3. 3 Whether discovery should be limited to the period of the alleged overt acts

Ratio Decidendi

Ordered specific discovery in part: documents and classes that were relevant to the pleaded conspiracy and company management were to be disclosed but restricted to the relevant period covering the alleged overt acts (September–November 1992). Requests that were unreasonably broad or not probative (eg telephone itemised bills, catch-all requests for all documents relevant to the conspiracy) were refused. Where defendants were linked and documents likely held by any of them, orders were made against all defendants. Costs awarded against defendants with an order nisi and certificate for counsel.

Court Disposition

Particular discovery ordered in part and limited to the relevant period (Sept–Nov 1992); certain requests refused as overbroad or not relevant; costs awarded to plaintiff (order nisi).

Orders

  • Defendants to give discovery within 14 days to the extent indicated in the judgment limited to the relevant period (September to November 1992).
  • Discovery ordered for correspondence between the fifth defendant and Shanghai Metro Corporation; statutory books and minutes of directors' and shareholders' meetings; ledger accounts; cheque books and cheque stubs; management and audited accounts for the relevant period; employment letters/contracts for the relevant...