WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS

WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS

Interrogatories that are not necessary for disposing fairly of the cause or for saving costs, that are prolix, oppressive or that seek evidence rather than facts, should be withdrawn; applying that principle the court allowed only interrogatories as to how and when the 3rd defendant ceased as director (item 4) and the fact of repeated requests for accounting (item 15(1)), and ordered the remainder withdrawn with costs against the defendants on an indemnity basis.

Citation
WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS
Parties
Plaintiff: WILLWIN DEVELOPMENT (ASIA) COMPANY LIMITED; 1st Defendant: WEI XING; 2nd Defendant: EVOLUTION SOLUTION LIMITED; 3rd Defendant: HU YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 January 2014
Case Number
HCA797/2012
Procedural Posture
Civil (interlocutory Application to Withdraw Interrogatories) / Pre Trial / Chambers Hearing (application to Withdraw Interrogatories)
Outcome
Application granted in part: most interrogatories withdrawn; limited interrogatories allowed (item 4 and item 15(1)); costs awarded to plaintiff on indemnity basis against 2nd and 3rd defendants.
Legal Topics
Interrogatories, Discovery, Fiduciary Duties, Breach of Confidence, Proportionality, Costs
Source Language
EN
Civil Procedure Company Law Equity Confidential Information Commercial Litigation Interrogatories Discovery Fiduciary Duties +3 more

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Parties

WILLWIN DEVELOPMENT (ASIA) COMPANY LIMITED

Plaintiff

WEI XING

1st Defendant

EVOLUTION SOLUTION LIMITED

2nd Defendant

HU YING

3rd Defendant

Procedural Posture

Civil (interlocutory Application to Withdraw Interrogatories) / Pre Trial / Chambers Hearing (application to Withdraw Interrogatories)

Legal Issues

  1. 1 Whether the interrogatories served are necessary for disposing fairly of the cause or saving costs under O 26 r 1(1)
  2. 2 Whether interrogatories seek facts or inadmissible material as to evidence/how the party will prove facts
  3. 3 Whether interrogatories are oppressive, prolix or disproportionate to their utility

Ratio Decidendi

Interrogatories that are not necessary for disposing fairly of the cause or for saving costs, that are prolix, oppressive or that seek evidence rather than facts, should be withdrawn; applying that principle the court allowed only interrogatories as to how and when the 3rd defendant ceased as director (item 4) and the fact of repeated requests for accounting (item 15(1)), and ordered the remainder withdrawn with costs against the defendants on an indemnity basis.

Court Disposition

Application granted in part: most interrogatories withdrawn; limited interrogatories allowed (item 4 and item 15(1)); costs awarded to plaintiff on indemnity basis against 2nd and 3rd defendants.

Orders

  • All interrogatories served by the 2nd and 3rd defendants on 30 September 2013 are withdrawn except item 4 and item 15(1) (which covers item 25)
  • Order nisi that the 2nd and 3rd defendants pay the plaintiff's costs forthwith, with certificate for counsel, on an indemnity basis