CLUB ACE LTD AND ANOTHER v. PANG KIN SHING, MICHAEL AND OTHERS

CLUB ACE LTD AND ANOTHER v. PANG KIN SHING, MICHAEL AND OTHERS

Documents relating only to the credibility of a party and not to the matters in question do not satisfy Order 24 rule 7's requirement that the documents 'relate to one or more of the matters in question'; accordingly there was no jurisdiction to order specific discovery of the second class of documents and the appeal is dismissed with costs (order nisi).

Citation
CLUB ACE LTD AND ANOTHER v. PANG KIN SHING, MICHAEL AND OTHERS
Parties
1st Plaintiff: CLUB ACE LIMITED; 2nd Plaintiff: ISLAND ASIAN INC; 1st Defendant: PANG KIN SHING, MICHAEL; 2nd Defendant: CHAN CHUN CHUNG; 3rd Defendant: LO CHI SUM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2007
Case Number
HCA342/2006
Procedural Posture
Civil Appeal / Appeal From Master Wong's Decision Refusing Specific Discovery (order 24 Rule 7)
Outcome
Appeal dismissed with costs; costs order being an order nisi
Legal Topics
Specific Discovery, Relevancy of Documents, Settlement Agreements, Fiduciary Duty, Order 24 Rule 7
Source Language
EN
Civil Procedure Company Law Contract Law Evidence Specific Discovery Relevancy of Documents Settlement Agreements Fiduciary Duty +1 more

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Parties

CLUB ACE LIMITED

1st Plaintiff

ISLAND ASIAN INC

2nd Plaintiff

PANG KIN SHING, MICHAEL

1st Defendant

CHAN CHUN CHUNG

2nd Defendant

LO CHI SUM

3rd Defendant

Procedural Posture

Civil Appeal / Appeal From Master Wong's Decision Refusing Specific Discovery (order 24 Rule 7)

Legal Issues

  1. 1 Whether specific discovery under RHC Order 24 rule 7 should be ordered in respect of documents relating to separate Lo Actions
  2. 2 Whether documents that merely impinge on credibility satisfy the requirement that they 'relate to one or more of the matters in question'
  3. 3 Whether the requested documents were in the possession, custody or power of the defendants

Ratio Decidendi

Documents relating only to the credibility of a party and not to the matters in question do not satisfy Order 24 rule 7's requirement that the documents 'relate to one or more of the matters in question'; accordingly there was no jurisdiction to order specific discovery of the second class of documents and the appeal is dismissed with costs (order nisi).

Court Disposition

Appeal dismissed with costs; costs order being an order nisi

Orders

  • Appeal dismissed with costs; costs order being an order nisi