STEP BY STEP LTD AND OTHERS v. DOROTHY JANE FURNESS AND OTHERS

STEP BY STEP LTD AND OTHERS v. DOROTHY JANE FURNESS AND OTHERS

Further evidence on appeal admitted as special grounds were shown; Master’s orders were varied: discovery of narrowly defined classes of primary transactional documents of the 3rd defendant from incorporation to September 2008 was ordered (cheque books and stubs, deposit slips, account withdrawal slips, cash books, telegraphic transfer forms and confirmations, daily deposit records and sales records, purchase records including contracts, agreements, invoices, goods receipt notes, receipts, diaries or documents recording expenditure claimed, petty cash books, and copies of contracts/agreements documenting assets); audited accounts for 3rd and 4th defendants remain limited to the end of...

Citation
STEP BY STEP LTD AND OTHERS v. DOROTHY JANE FURNESS AND OTHERS
Parties
1st Plaintiff: STEP BY STEP LIMITED; 2nd Plaintiff: NEW SUCCESS ENTERPRISES LIMITED; 3rd Plaintiff: STEP UP LIMITED; 1st Defendant: DOROTHY JANE FURNESS; 2nd Defendant: RAPHAEL HOMER ECHALUCE; 3rd Defendant: ENTERTAIN COMPANY LIMITED; 4th Defendant: MAD DOGS WANCHAI PUBLIC HOUSE LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2009
Case Number
HCMP1208/2007
Procedural Posture
Civil Discovery Appeal / Appeal to Court of First Instance (chambers)
Outcome
Appeal allowed in part; Master’s orders varied as to scope of discovery and further evidence admitted
Legal Topics
Specific Discovery, Relevance, Necessity, Tracing Misappropriated Funds, Audited Accounts, Bank and Accounting Records
Source Language
EN
Civil Procedure Discovery Equity Trusts and Tracing Company Law Specific Discovery Relevance Necessity +3 more

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Parties

STEP BY STEP LIMITED

1st Plaintiff

NEW SUCCESS ENTERPRISES LIMITED

2nd Plaintiff

STEP UP LIMITED

3rd Plaintiff

DOROTHY JANE FURNESS

1st Defendant

RAPHAEL HOMER ECHALUCE

2nd Defendant

ENTERTAIN COMPANY LIMITED

3rd Defendant

MAD DOGS WANCHAI PUBLIC HOUSE LIMITED

4th Defendant

Procedural Posture

Civil Discovery Appeal / Appeal to Court of First Instance (chambers)

Legal Issues

  1. 1 Whether documents sought are relevant to issues in the action
  2. 2 Whether documents are necessary for fair disposal or saving costs
  3. 3 Scope and limits of specific discovery (categories 2 and 4)

Ratio Decidendi

Further evidence on appeal admitted as special grounds were shown; Master’s orders were varied: discovery of narrowly defined classes of primary transactional documents of the 3rd defendant from incorporation to September 2008 was ordered (cheque books and stubs, deposit slips, account withdrawal slips, cash books, telegraphic transfer forms and confirmations, daily deposit records and sales records, purchase records including contracts, agreements, invoices, goods receipt notes, receipts, diaries or documents recording expenditure claimed, petty cash books, and copies of contracts/agreements documenting assets); audited accounts for 3rd and 4th defendants remain limited to the end of...

Court Disposition

Appeal allowed in part; Master’s orders varied as to scope of discovery and further evidence admitted

Orders

  • Admit further affidavit evidence on appeal
  • Order discovery from the 3rd defendant from incorporation to September 2008 of specified classes of primary transactional documents: cheque books and cheque book stubs; cash and cheque deposit slips; account withdrawal slips; cash books; telegraphic transfer application forms and confirmations of inward transfers;...