LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased (suing on behalf of herself and all other shareholders in the 5th defendant other than the 1st to 3rd defendants) v. LIU DAN AND OTHERS

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased (suing on behalf of herself and all other shareholders in the 5th defendant other than the 1st to 3rd defendants) v. LIU DAN AND OTHERS

The appeals were dismissed because the Category 2 requests did not relate to any matter in issue required for specific discovery under O.24 r.7, were confined to matters of credit, and the requests lacked the necessary precision (they did not encompass the corrections in Long 2nd and were overly broad and inconsistent), such that there was no jurisdiction to order specific discovery of the documents sought.

Citation
[2024] HKCFI 2116
Parties
Applicant/plaintiff: Long Hai Hong; 1st Respondent/3rd Defendant: Chan Yu, Lydia; 2nd Respondent/5th Defendant: A J K Company Limited; 3rd Respondent/1st Defendant: Liu Dan; 2nd Defendant: Xing Zhirong; 4th Defendant: China Terry Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 August 2024
Case Number
HCA175/2018
Procedural Posture
Consolidated Company/shareholder Proceedings Including an Originating Summons for Rectification of the Register of Members and Related Civil Actions / Appeals Heard De Novo on Discovery Applications; Reasons for Decision Delivered Following Hearing
Outcome
Appeals dismissed; Master's decision affirmed.
Legal Topics
Rectification of Register of Members, Specific Discovery Under O.24 R.7, Precision of Discovery Requests, Relevance to Matter in Issue, Documents Relating Solely to Credit, Scope of Lawyers' Communications
Source Language
EN
Company Law Civil Procedure Evidence Discovery Legal Professional Privilege Rectification of Register of Members Specific Discovery Under O.24 R.7 Precision of Discovery Requests +3 more

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Parties

Long Hai Hong

Applicant/plaintiff

Chan Yu, Lydia

1st Respondent/3rd Defendant

A J K Company Limited

2nd Respondent/5th Defendant

Liu Dan

3rd Respondent/1st Defendant

Xing Zhirong

2nd Defendant

China Terry Limited

4th Defendant

Procedural Posture

Consolidated Company/shareholder Proceedings Including an Originating Summons for Rectification of the Register of Members and Related Civil Actions / Appeals Heard De Novo on Discovery Applications; Reasons for Decision Delivered Following Hearing

Legal Issues

  1. 1 Whether Category 2 documents relate to a matter in issue such that specific discovery under O.24 r.7 can be ordered
  2. 2 Whether the Category 2 requests were specified with the requisite precision
  3. 3 Whether the documents sought relate solely to credit and are therefore not discoverable

Ratio Decidendi

The appeals were dismissed because the Category 2 requests did not relate to any matter in issue required for specific discovery under O.24 r.7, were confined to matters of credit, and the requests lacked the necessary precision (they did not encompass the corrections in Long 2nd and were overly broad and inconsistent), such that there was no jurisdiction to order specific discovery of the documents sought.

Court Disposition

Appeals dismissed; Master's decision affirmed.

Orders

  • Appeals dismissed.
  • Costs awarded to Madam Long to be paid by the Applying Parties, summarily assessed at HK$140,000.