WONG LONG HIN v. KWAN TAI ENGINEERING CO LTD AND ANOTHER

WONG LONG HIN v. KWAN TAI ENGINEERING CO LTD AND ANOTHER

Plaintiff's discovery application for broad classes of documents (items 1–4) was refused because the applicant failed to show with sufficient particularity that the documents sought were necessary, non-fishing and limited to relevant material for proving quantum; defendants' application for discovery from the...

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Citation
WONG LONG HIN v. KWAN TAI ENGINEERING CO LTD AND ANOTHER
Parties
Plaintiff: Wong Long Hin; 1st Defendant: Kwan Tai Engineering Co. Limited; 2nd Defendant: Tristar Building Materials Limited; 3rd Defendant: Twintek Holdings Limited; 4th Defendant: United Aim Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2013
Case Number
HCA2020/2011
Procedural Posture
Consolidated Civil Employment/contract Disputes (transferred From Labour Tribunal and District Court) / Interlocutory Applications Hearing on Specific Discovery and Amendment of Pleadings
Outcome
Plaintiff's application for specific discovery dismissed; Plaintiff's application to amend the consolidated statement of claim granted by consent; Defendants' application for specific discovery (GDE audited accounts and payroll/bonus records) granted; Costs of both summonses awarded to defendants.
Legal Topics
Specific Discovery (order 24), Amendment of Pleadings, Commission Dispute, Oral Contract, Use of Corporate Vehicle for Payments
Source Language
en
Employment Law Civil Procedure Company Law Evidence (discovery) Specific Discovery (order 24) Amendment of Pleadings Commission Dispute Oral Contract +1 more

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Parties

Wong Long Hin

Plaintiff

Kwan Tai Engineering Co. Limited

1st Defendant

Tristar Building Materials Limited

2nd Defendant

Twintek Holdings Limited

3rd Defendant

United Aim Limited

4th Defendant

Procedural Posture

Consolidated Civil Employment/contract Disputes (transferred From Labour Tribunal and District Court) / Interlocutory Applications Hearing on Specific Discovery and Amendment of Pleadings

Legal Issues

  1. 1 Whether plaintiff is entitled to specific discovery of project and Sun Warm documents under Order 24 r.7
  2. 2 Whether defendants are entitled to specific discovery from plaintiff of GDE audited accounts and payroll records
  3. 3 Whether plaintiff's proposed amendments to the statement of claim should be allowed

Ratio Decidendi

Plaintiff's discovery application for broad classes of documents (items 1–4) was refused because the applicant failed to show with sufficient particularity that the documents sought were necessary, non-fishing and limited to relevant material for proving quantum; defendants' application for discovery from the plaintiff (GDE audited accounts 2001–2010 and payroll/bonus records) was granted because those documents are relevant to the core issue of employment relationship and the plaintiff's use of GDE to receive payments; plaintiff's amendment was allowed by consent; costs of both summonses awarded to defendants in specified sums.

Court Disposition

Plaintiff's application for specific discovery dismissed; Plaintiff's application to amend the consolidated statement of claim granted by consent; Defendants' application for specific discovery (GDE audited accounts and payroll/bonus records) granted; Costs of both summonses awarded to defendants.

Orders

  • Costs of both summonses awarded to defendants: plaintiff to pay HKD 25,860 for plaintiff's summons and HKD 24,900 for defendants' summons within 14 days