SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. LAU FOOK KEUNG AND OTHERS

SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. LAU FOOK KEUNG AND OTHERS

The appeal is dismissed because the specific discovery application was misconceived: the documents were not shown to be relevant to issues as pleaded at the time of the Master's decision and could be obtained from the plaintiffs; proposed amendments could not be relied on to establish relevance on appeal; thus no basis for specific discovery against the non-party and the Master's decision is upheld except that indemnity costs were not appropriate and were varied to common fund and party-to-party taxation orders.

Citation
SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. LAU FOOK KEUNG AND OTHERS
Parties
1st Plaintiff: Sino Favour Development Limited; 2nd Plaintiff: Shiny Develop Limited; 1st Defendant (action No. 1517/2005): Kan Wai Chung; 1st Defendant (action No. 1518/2005): Kan Kar Fai; 1st Defendant (action No. 1519/2005): Kan Wai Ming; 1st Defendant (action No. 1520/2005): Lau Fook Keung; 1st Defendant (action No. 1521/2005): Kan For Ping Steven; 2nd Defendant (all Actions): Barbican Capital Investment Limited; 3rd Defendant (all Actions): Tsang Wing Kei, Wilkie; Non Party (target of Specific Discovery Application): Messrs Hau, Lau, Li & Yeung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2010
Case Number
HCA1520/2005
Procedural Posture
Appeal From Master's Decision on Application for Specific Discovery (civil) / High Court Appeal in Chambers (de Novo Hearing on Procedural Point)
Outcome
Appeal dismissed; Master's dismissal of specific discovery application upheld; costs order below set aside in part and varied
Legal Topics
Specific Discovery, Non Party Disclosure, Indemnity Costs, Res Judicata, Pleading Requirements, Third Party Proceedings, Small House Policy
Source Language
EN
Civil Procedure Property Law Trusts Costs Solicitor Client Relations Specific Discovery Non Party Disclosure Indemnity Costs +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sino Favour Development Limited

1st Plaintiff

Shiny Develop Limited

2nd Plaintiff

Kan Wai Chung

1st Defendant (action No. 1517/2005)

Kan Kar Fai

1st Defendant (action No. 1518/2005)

Kan Wai Ming

1st Defendant (action No. 1519/2005)

Lau Fook Keung

1st Defendant (action No. 1520/2005)

Kan For Ping Steven

1st Defendant (action No. 1521/2005)

Barbican Capital Investment Limited

2nd Defendant (all Actions)

Tsang Wing Kei, Wilkie

3rd Defendant (all Actions)

Messrs Hau, Lau, Li & Yeung

Non Party (target of Specific Discovery Application)

Procedural Posture

Appeal From Master's Decision on Application for Specific Discovery (civil) / High Court Appeal in Chambers (de Novo Hearing on Procedural Point)

Legal Issues

  1. 1 Whether specific discovery against a non-party (Messrs Hau, Lau, Li & Yeung) was properly ordered
  2. 2 Whether documents sought were relevant to issues as pleaded at time of Master's decision
  3. 3 Whether proposed amendments to pleadings could be considered on appeal

Ratio Decidendi

The appeal is dismissed because the specific discovery application was misconceived: the documents were not shown to be relevant to issues as pleaded at the time of the Master's decision and could be obtained from the plaintiffs; proposed amendments could not be relied on to establish relevance on appeal; thus no basis for specific discovery against the non-party and the Master's decision is upheld except that indemnity costs were not appropriate and were varied to common fund and party-to-party taxation orders.

Court Disposition

Appeal dismissed; Master's dismissal of specific discovery application upheld; costs order below set aside in part and varied

Orders

  • Appeal dismissed
  • Costs of the application below to be paid by the 1st defendants to Messrs Hau, Lau, Li & Yeung to be taxed on a common fund basis if not agreed