YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

The Court of Appeal held the court has jurisdiction to order post-judgment discovery to enable an informed election between equitable compensation and an account of profits; the judge did not err in exercising his discretion to order post-judgment discovery and to appoint a court expert; issue estoppel did not bar the application; accordingly leave to appeal was refused and costs were awarded against the 1st Defendant.

Citation
YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER
Parties
Plaintiff: Yang Foo-Oi; 1st Defendant: Wai Wai Chen; 2nd Defendant: Timford Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2017
Case Number
HCMP1433/2017
Procedural Posture
Renewed Application for Leave to Appeal Against Interlocutory Decision (post Judgment Discovery) / Court of Appeal Hearing on Leave Application and Costs
Outcome
Application for leave to appeal dismissed; application for stay of execution dismissed; costs awarded against 1st Defendant.
Legal Topics
Post Judgment Discovery, Election Between Equitable Compensation and Account of Profits, Account of Profits, Fiduciary Duty, Appointment of Court Expert, Issue Estoppel, Costs
Source Language
EN
Equity Trusts Civil Procedure Appeal Evidence Post Judgment Discovery Election Between Equitable Compensation and Account of Profits Account of Profits +4 more

Case Brief

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Parties

Yang Foo-Oi

Plaintiff

Wai Wai Chen

1st Defendant

Timford Resources Limited

2nd Defendant

Procedural Posture

Renewed Application for Leave to Appeal Against Interlocutory Decision (post Judgment Discovery) / Court of Appeal Hearing on Leave Application and Costs

Legal Issues

  1. 1 Whether the court has jurisdiction to order post-judgment discovery to enable an informed election between equitable compensation and an account of profits
  2. 2 Whether the judge properly exercised his discretion in ordering post-judgment discovery and the appointment of a court expert
  3. 3 Whether issue estoppel or the judge's earlier direction precluded post-judgment discovery

Ratio Decidendi

The Court of Appeal held the court has jurisdiction to order post-judgment discovery to enable an informed election between equitable compensation and an account of profits; the judge did not err in exercising his discretion to order post-judgment discovery and to appoint a court expert; issue estoppel did not bar the application; accordingly leave to appeal was refused and costs were awarded against the 1st Defendant.

Court Disposition

Application for leave to appeal dismissed; application for stay of execution dismissed; costs awarded against 1st Defendant.

Orders

  • Application for leave to appeal dismissed
  • Application for stay of execution dismissed