OHED WINES (HK) LTD AND OTHERS v. FUNG LAI KWAN WINDY AND OTHERS

OHED WINES (HK) LTD AND OTHERS v. FUNG LAI KWAN WINDY AND OTHERS

The court refused to grant the defendants' proposed unless order because striking out the plaintiffs' claim was disproportionate and not tailored to the prejudice; however, the plaintiffs were given a final opportunity to serve a comprehensive list of documents covering the requested categories supported by a verifying affidavit (specific discovery). Costs before the Master remain as ordered; appeal costs awarded to defendants on an indemnity basis.

Citation
[2019] HKCFI 2566
Parties
1st Plaintiff: OHED Wines (HK) Limited; 2nd Plaintiff: OHED Wines (Shenzhen) Limited; 3rd Plaintiff: Pang Wing Wah Johnny; 4th Plaintiff (withdrawn): OHED Holdings Limited; 1st Defendant: Fung Lai Kwan Windy; 2nd Defendant: Lau Ka Ling Carina; 3rd Defendant: Carina International E-Commerce Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2019
Case Number
HCA1531/2016
Procedural Posture
Civil (commercial Dispute) / Interlocutory Appeal (discovery)
Outcome
Appeal allowed in part: unless order refused; specific discovery ordered; no change to Master's costs order; appeal costs awarded to defendants on indemnity basis.
Legal Topics
Unless Order, Specific Discovery, Striking Out, Indemnity Costs, Discovery Obligations
Source Language
EN
Civil Procedure Discovery Costs Contract/commerce Unless Order Specific Discovery Striking Out Indemnity Costs +1 more

Case Brief

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Parties

OHED Wines (HK) Limited

1st Plaintiff

OHED Wines (Shenzhen) Limited

2nd Plaintiff

Pang Wing Wah Johnny

3rd Plaintiff

OHED Holdings Limited

4th Plaintiff (withdrawn)

Fung Lai Kwan Windy

1st Defendant

Lau Ka Ling Carina

2nd Defendant

Carina International E-Commerce Limited

3rd Defendant

Procedural Posture

Civil (commercial Dispute) / Interlocutory Appeal (discovery)

Legal Issues

  1. 1 Whether an unless order striking out plaintiffs' claim should be granted for persistent failures in discovery
  2. 2 Whether specific discovery (final list of documents backed by affidavit) should be ordered
  3. 3 What costs order is appropriate given the discovery default and appeal

Ratio Decidendi

The court refused to grant the defendants' proposed unless order because striking out the plaintiffs' claim was disproportionate and not tailored to the prejudice; however, the plaintiffs were given a final opportunity to serve a comprehensive list of documents covering the requested categories supported by a verifying affidavit (specific discovery). Costs before the Master remain as ordered; appeal costs awarded to defendants on an indemnity basis.

Court Disposition

Appeal allowed in part: unless order refused; specific discovery ordered; no change to Master's costs order; appeal costs awarded to defendants on indemnity basis.

Orders

  • Refused to grant the defendants' proposed unless order dismissing the plaintiffs' claim
  • Ordered the plaintiffs to serve a final list of documents covering the requested categories and to file a verifying affidavit in the normal form