SHENZHEN FUTAIHONG PRECISION INDUSTRY CO LTD AND ANOTHER v. BYD CO LTD AND OTHERS

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO LTD AND ANOTHER v. BYD CO LTD AND OTHERS

The court has jurisdiction; the evidence held by the Shenzhen Court is material and there is a real risk of its destruction; defendants' tactical objections and unwillingness to undertake preservation do not outweigh the need to protect evidence; therefore an order to preserve the evidence should be made subject to the plaintiff giving an undertaking in damages.

Citation
SHENZHEN FUTAIHONG PRECISION INDUSTRY CO LTD AND ANOTHER v. BYD CO LTD AND OTHERS
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2008
Case Number
HCA2114/2007
Procedural Posture
Interlocutory Application for Preservation of Evidence / Decision on Application to Preserve Evidence Pending Hong Kong Proceedings; Related Stay Application Pending
Outcome
Order granted to preserve evidence held by the Shenzhen Court; plaintiff to give undertaking in damages; leave reserved to apply if PRC procedural issues arise; costs in the cause; certificate for two counsel.
Legal Topics
Preservation of Evidence, Stay of Proceedings, Discontinuance, Undertaking in Damages, Jurisdiction to Order Preservation
Source Language
EN
Civil Procedure Evidence International Litigation Cross Border Civil Litigation Preservation of Evidence Stay of Proceedings Discontinuance Undertaking in Damages +1 more

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Interlocutory Application for Preservation of Evidence / Decision on Application to Preserve Evidence Pending Hong Kong Proceedings; Related Stay Application Pending

Legal Issues

  1. 1 Whether the Hong Kong court has jurisdiction to order preservation of evidence held in a PRC court
  2. 2 Whether an order preserving evidence should be granted when plaintiff discontinues PRC proceedings
  3. 3 Whether there is a real risk of destruction or loss of material evidence

Ratio Decidendi

The court has jurisdiction; the evidence held by the Shenzhen Court is material and there is a real risk of its destruction; defendants' tactical objections and unwillingness to undertake preservation do not outweigh the need to protect evidence; therefore an order to preserve the evidence should be made subject to the plaintiff giving an undertaking in damages.

Court Disposition

Order granted to preserve evidence held by the Shenzhen Court; plaintiff to give undertaking in damages; leave reserved to apply if PRC procedural issues arise; costs in the cause; certificate for two counsel.

Orders

  • Order preserving the evidence held by the Shenzhen Court for use in the Hong Kong proceedings
  • Plaintiff to give an undertaking in damages