SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

The court exercised its discretion to order production by the 3rd defendant because the SFC investigation materials were relevant and necessary for a fair disposal and the new Securities and Futures Ordinance (s.378 Cap.571) removed the secrecy impediment; the plaintiffs were granted leave to challenge the disputed power of attorney out of time (Order 27 r4) without adjournment, the amendment summons was dismissed, and costs were ordered against the plaintiffs for lateness.

Citation
SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS
Parties
1st Plaintiff: SILVER STONE DEVELOPMENT LIMITED; 2nd Plaintiff: LUI YUE YUN, GARY; 1st Defendant: LAU KWONG CHING, JAMES; 2nd Defendant: KWOK WAI TAK, EDWARD; 3rd Defendant: CARRIER STOCK INVESTMENT CO. LTD.; 4th Defendant: HO PUI TSUN, PETER; 5th Defendant: SZETO, JOSEPH; 6th Defendant: ASIA GLORY HOLDINGS LIMITED; 1st Third Party: KWOK WAI TAK, EDWARD; 2nd Third Party: ASIA GLORY HOLDINGS LIMITED; 3rd Third Party: HO PUI TSUN, PETER; 4th Third Party: SZETO, JOSEPH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2006
Case Number
HCA2206/2000
Procedural Posture
Civil Trial / Pre Trial Review/ruling
Outcome
Production order against 3rd defendant granted; time extension to challenge power of attorney granted; amendment summons dismissed; trial not adjourned though short accommodation during trial permitted; costs awarded against plaintiffs.
Legal Topics
Specific Discovery, Secrecy Provisions, Adjournment, Production of Documents, Amendment of Pleadings, Presumed Admission
Source Language
EN
Civil Procedure Evidence Securities Regulation Discovery Specific Discovery Secrecy Provisions Adjournment Production of Documents +2 more

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Parties

SILVER STONE DEVELOPMENT LIMITED

1st Plaintiff

LUI YUE YUN, GARY

2nd Plaintiff

LAU KWONG CHING, JAMES

1st Defendant

KWOK WAI TAK, EDWARD

2nd Defendant

CARRIER STOCK INVESTMENT CO. LTD.

3rd Defendant

HO PUI TSUN, PETER

4th Defendant

SZETO, JOSEPH

5th Defendant

ASIA GLORY HOLDINGS LIMITED

6th Defendant

KWOK WAI TAK, EDWARD

1st Third Party

ASIA GLORY HOLDINGS LIMITED

2nd Third Party

HO PUI TSUN, PETER

3rd Third Party

SZETO, JOSEPH

4th Third Party

Procedural Posture

Civil Trial / Pre Trial Review/ruling

Legal Issues

  1. 1 Whether court may order production under Order 24 r12 despite earlier master refusal
  2. 2 Whether secrecy provisions (old s.59) prevent disclosure of SFC investigation materials
  3. 3 Whether late application for production and to challenge document authenticity justifies adjournment

Ratio Decidendi

The court exercised its discretion to order production by the 3rd defendant because the SFC investigation materials were relevant and necessary for a fair disposal and the new Securities and Futures Ordinance (s.378 Cap.571) removed the secrecy impediment; the plaintiffs were granted leave to challenge the disputed power of attorney out of time (Order 27 r4) without adjournment, the amendment summons was dismissed, and costs were ordered against the plaintiffs for lateness.

Court Disposition

Production order against 3rd defendant granted; time extension to challenge power of attorney granted; amendment summons dismissed; trial not adjourned though short accommodation during trial permitted; costs awarded against plaintiffs.

Orders

  • 3rd defendant ordered to make affidavit regarding SFC-related documents and to produce copies to court and plaintiffs' solicitors under Order 24 r12
  • Permission granted to plaintiffs to serve notice challenging authenticity of the second power of attorney out of time (Order 27 r4)