VASTFAME CAMERA LTD v. INTERNATIONAL FREIGHT EXPRESS (HK) LTD AND OTHERS

VASTFAME CAMERA LTD v. INTERNATIONAL FREIGHT EXPRESS (HK) LTD AND OTHERS

The court dismissed the plaintiff's specific discovery summons as unnecessary and not shown to be relevant or in the 1st defendant's custody/power, found the other plaintiff summonses premature and appropriately withdrawn, and held that the plaintiff's conduct in issuing multiple premature and unnecessary summonses justified an award of costs to the 1st defendant on the common fund basis payable forthwith; the 1st defendant's strike out summons was withdrawn and costs were ordered to the plaintiff in any event; extension of time for exchange of witness statements was granted.

Citation
VASTFAME CAMERA LTD v. INTERNATIONAL FREIGHT EXPRESS (HK) LTD AND OTHERS
Parties
Plaintiff: VASTFAME CAMERA LIMITED; 1st Defendant: INTERNATIONAL FREIGHT EXPRESS (HK) LIMITED; 2nd Defendant: CARGO LINK INTERNATIONAL; 3rd Defendant: AMERICAM INC.; 4th Defendant: GRANDWAY USA CORPORATION; 5th Defendant: NAXIHE SHIPPING INC.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 April 2004
Case Number
HCCL8/2003
Procedural Posture
Commercial Action / Interlocutory Applications (discovery, Particulars, Interrogatories and Costs)
Outcome
Plaintiff's summons for specific discovery (11 Sep 2003) dismissed; other plaintiff summonses withdrawn; costs awarded to 1st defendant on common fund basis payable forthwith; 1st defendant's strike out summons withdrawn with costs to plaintiff; extension of time to exchange witness statements granted.
Legal Topics
Specific Discovery, Interrogatories, Particulars, Costs Orders, Strike Out, Extension of Time
Source Language
EN
Civil Procedure Commercial Law Evidence Costs Specific Discovery Interrogatories Particulars Costs Orders +2 more

Case Brief

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Parties

VASTFAME CAMERA LIMITED

Plaintiff

INTERNATIONAL FREIGHT EXPRESS (HK) LIMITED

1st Defendant

CARGO LINK INTERNATIONAL

2nd Defendant

AMERICAM INC.

3rd Defendant

GRANDWAY USA CORPORATION

4th Defendant

NAXIHE SHIPPING INC.

5th Defendant

Procedural Posture

Commercial Action / Interlocutory Applications (discovery, Particulars, Interrogatories and Costs)

Legal Issues

  1. 1 Whether specific discovery should be ordered for six categories of documents
  2. 2 Whether requested documents are relevant and in defendant's possession, custody or power
  3. 3 Whether the plaintiff's applications were premature

Ratio Decidendi

The court dismissed the plaintiff's specific discovery summons as unnecessary and not shown to be relevant or in the 1st defendant's custody/power, found the other plaintiff summonses premature and appropriately withdrawn, and held that the plaintiff's conduct in issuing multiple premature and unnecessary summonses justified an award of costs to the 1st defendant on the common fund basis payable forthwith; the 1st defendant's strike out summons was withdrawn and costs were ordered to the plaintiff in any event; extension of time for exchange of witness statements was granted.

Court Disposition

Plaintiff's summons for specific discovery (11 Sep 2003) dismissed; other plaintiff summonses withdrawn; costs awarded to 1st defendant on common fund basis payable forthwith; 1st defendant's strike out summons withdrawn with costs to plaintiff; extension of time to exchange witness statements granted.

Orders

  • The plaintiff's summons for specific discovery dated 11 September 2003 be dismissed with costs to the 1st defendant on the common fund basis, to be taxed and paid forthwith.
  • The plaintiff's summons for further and better particulars dated 15 September 2003 be withdrawn with costs to the 1st defendant on the common fund basis, to be taxed and paid forthwith.