FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

The court limited discovery to documents relevant to the pleaded complaints (principally the alleged misappropriations in Feb–Mar 2016 and wrongful exclusion from management). The respondents were ordered to file affirmations confirming disclosure of documents in categories 1 and 3 in their possession/custody/power, to produce bank statements or passbooks for specified accounts (identified in the judgment) for the relevant period up to April 2016, and to file an affirmation listing accounting records (vouchers, invoices, receipts, payment slips and bank instructions) for 1 Jan 2016 to 30 Apr 2016. Requests for broader disclosure, including documents after April 2016 and wider category 4...

Citation
FUNG TIN YAU v. FUNG TIN SHING AND OTHERS
Parties
Petitioner: Fung Tin Yau; 1st Respondent: Fung Tin Shing; 2nd Respondent: Fung Wing See; 3rd Respondent: Great Anchor International Limited; 3rd Respondent: Maxfortune Trading Limited; 3rd Respondent: Premium Management Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2017
Case Number
HCCW171/2016
Procedural Posture
Companies Winding Up Proceedings / Decision on Discovery Summonses (chambers Hearing)
Outcome
Partial grant of discovery; specified disclosure and affirmation orders; broader discovery refused; costs awarded to petitioner in part
Legal Topics
Specific Discovery, Relevance of Documents, Fishing Expedition, Bank Records Disclosure, Costs Apportionment
Source Language
EN
Company Law Civil Procedure Insolvency Evidence and Discovery Specific Discovery Relevance of Documents Fishing Expedition Bank Records Disclosure +1 more

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Parties

Fung Tin Yau

Petitioner

Fung Tin Shing

1st Respondent

Fung Wing See

2nd Respondent

Great Anchor International Limited

3rd Respondent

Maxfortune Trading Limited

3rd Respondent

Premium Management Limited

3rd Respondent

Procedural Posture

Companies Winding Up Proceedings / Decision on Discovery Summonses (chambers Hearing)

Legal Issues

  1. 1 Whether the requested categories of documents are relevant to issues in the winding-up petitions
  2. 2 Whether discovery for bank statements and payment records after April 2016 is permissible or a fishing expedition
  3. 3 Whether respondents have already disclosed all documents in their possession falling within the requested categories

Ratio Decidendi

The court limited discovery to documents relevant to the pleaded complaints (principally the alleged misappropriations in Feb–Mar 2016 and wrongful exclusion from management). The respondents were ordered to file affirmations confirming disclosure of documents in categories 1 and 3 in their possession/custody/power, to produce bank statements or passbooks for specified accounts (identified in the judgment) for the relevant period up to April 2016, and to file an affirmation listing accounting records (vouchers, invoices, receipts, payment slips and bank instructions) for 1 Jan 2016 to 30 Apr 2016. Requests for broader disclosure, including documents after April 2016 and wider category 4...

Court Disposition

Partial grant of discovery; specified disclosure and affirmation orders; broader discovery refused; costs awarded to petitioner in part

Orders

  • Respondents to file an affirmation confirming they have disclosed the documents falling within categories 1 and 3 that are in their possession, custody or power
  • Respondents to disclose bank statements or passbooks for the identified accounts (Great Anchor OCBC 681288-100; Great Anchor OCBC 681288-160; Great Anchor Wing Fat Securities 07000617; Maxfortune OCBC 1915040-300, 801038-300, 734801-300, 701885-300; Samdor OCBC 884464-302, 884464-386, 395751-300, 672822-300) for the...