MAN ON SUM v. MAN PING HEI

MAN ON SUM v. MAN PING HEI

The Master erred in converting an Order 43 account application into an order for specific discovery/interrogatories by requiring production of a bank passbook and explanations; substantial disputes of fact exist and the question whether the defendant has rendered full and proper accounts is a preliminary issue that must be tried before a complete account can be ordered. Accordingly the Master's order and related costs order must be set aside.

Citation
MAN ON SUM v. MAN PING HEI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2016
Case Number
HCA352/2015
Procedural Posture
Civil Application for Account Under Order 43 of the Rules of the High Court / Interlocutory Appeal From Master's Order
Outcome
Appeal allowed; Master's order dated 18 May 2016 and subsequent order re summary assessment of costs dated 17 June 2016 set aside
Legal Topics
Order 43 Summary Accounting, Duty to Account, Specific Discovery Vs Account, Preliminary Questions to Be Tried, Interrogatories
Source Language
EN
Civil Procedure Equity and Trusts New Territories Law Order 43 Summary Accounting Duty to Account Specific Discovery Vs Account Preliminary Questions to Be Tried Interrogatories

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Application for Account Under Order 43 of the Rules of the High Court / Interlocutory Appeal From Master's Order

Legal Issues

  1. 1 Whether a summary order for an account under Order 43 should have been made
  2. 2 Whether the Master erred by ordering production of bank passbook and explanations (effectively specific discovery/interrogatories) instead of an account
  3. 3 Whether preliminary questions and disputed facts require a trial before an account can be ordered

Ratio Decidendi

The Master erred in converting an Order 43 account application into an order for specific discovery/interrogatories by requiring production of a bank passbook and explanations; substantial disputes of fact exist and the question whether the defendant has rendered full and proper accounts is a preliminary issue that must be tried before a complete account can be ordered. Accordingly the Master's order and related costs order must be set aside.

Court Disposition

Appeal allowed; Master's order dated 18 May 2016 and subsequent order re summary assessment of costs dated 17 June 2016 set aside

Orders

  • Master Chow's order dated 18 May 2016 set aside
  • Master Chow's subsequent order regarding summary assessment of costs dated 17 June 2016 set aside