RE SHUN ON CO. LTD.

RE SHUN ON CO. LTD.

Reading the 2nd Decision and its sealed order as a whole, informal inspection at the accountant's office was to be followed by provision of copies of the documents requested and copying is an integral part of the inspection; the court had power under O.24 r.11(2) and r.11A to order supply of copies and to specify the mode (digital scanning to compact disc); claims that copies must be confined to identified relevant documents only after formal discovery or that provision of copies would necessarily waive privilege were rejected; accordingly the court ordered immediate production for inspection of the 44 volumes shown and supply of copies by digital scanning within the stated time, and...

Citation
RE SHUN ON CO. LTD.
Parties
Petitioners: Petitioners; Respondents: 1st to 6th Respondents; Subject Company: Shun On Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2002
Case Number
HCCW828/2000
Procedural Posture
Companies (winding Up) / Applications for Discovery and Enforcement Summons (pre Trial/chambers)
Outcome
Enforcement summons granted in part; discovery summons granted in part; costs ordered nisi in favour of petitioners
Legal Topics
Specific Discovery, Inspection of Documents, Enforcement of Undertakings, Privilege, Unless Orders, Document Copying/scanning
Source Language
EN
Company Law Civil Procedure Discovery Evidence Law Inherent Jurisdiction Specific Discovery Inspection of Documents Enforcement of Undertakings +3 more

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Parties

Petitioners

Petitioners

1st to 6th Respondents

Respondents

Shun On Company Limited

Subject Company

Procedural Posture

Companies (winding Up) / Applications for Discovery and Enforcement Summons (pre Trial/chambers)

Legal Issues

  1. 1 Whether the order and undertaking required the respondents to permit inspection and supply copies of accounting records by scanning
  2. 2 Whether the respondents could limit copying to on-site manual photocopying and restrict copies to documents later formally discovered
  3. 3 Whether provision of copies in the informal inspection would waive privilege

Ratio Decidendi

Reading the 2nd Decision and its sealed order as a whole, informal inspection at the accountant's office was to be followed by provision of copies of the documents requested and copying is an integral part of the inspection; the court had power under O.24 r.11(2) and r.11A to order supply of copies and to specify the mode (digital scanning to compact disc); claims that copies must be confined to identified relevant documents only after formal discovery or that provision of copies would necessarily waive privilege were rejected; accordingly the court ordered immediate production for inspection of the 44 volumes shown and supply of copies by digital scanning within the stated time, and...

Court Disposition

Enforcement summons granted in part; discovery summons granted in part; costs ordered nisi in favour of petitioners

Orders

  • Within seven days the 3rd respondent to produce for inspection the 44 volumes of accounting records of SOUS made available at Mr John Richmond's office on 5 November 2002
  • Within seven days the 3rd respondent to supply to the petitioners copies of all accounting records produced for inspection or such of the said documents as may be requested by the petitioners on compact discs by digital scanning upon the petitioners' undertaking to pay reasonable charges