ZIDA TECHNOLOGIES LTD. v. TIGA TECHNOLOGIES LTD. AND OTHERS

ZIDA TECHNOLOGIES LTD. v. TIGA TECHNOLOGIES LTD. AND OTHERS

The court granted extension of time to appeal under O.58 r.1(3) but affirmed the Master's order for production and inspection under O.24 r.11(1): documents to which the defendants had referred in affirmations (including customs and shipping documents) were relevant and producible notwithstanding they were held by third parties; the defendants had not made adequate efforts to obtain them and the Master did not err in exercising his discretion.

Citation
ZIDA TECHNOLOGIES LTD. v. TIGA TECHNOLOGIES LTD. AND OTHERS
Parties
Plaintiff: ZIDA TECHNOLOGIES LIMITED; 1st Defendant: TIGA TECHNOLOGIES LIMITED; 2nd Defendant: SHUM WAI MAN ADISON; 3rd Defendant: KWOK HUNG FAT; 4th Defendant: KO KIM HOI; 5th Defendant: KONG SIU HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2001
Case Number
HCA5617/2000
Procedural Posture
Civil (copyright/interlocutory) / Interlocutory Appeal Against Master's Order; Application for Inspection and Extension of Time to Appeal
Outcome
Leave to appeal out of time granted; appeal dismissed; Order of Master Jones affirmed; costs order nisi in favour of plaintiff.
Legal Topics
Inspection of Documents (o.24 R.11(1)), Extension of Time to Appeal (o.58 R.1(3)), Reference to Documents in Affidavits, Jurisdiction V Discretion to Order Production, Contempt for Non‑compliance
Source Language
EN
Civil Procedure Intellectual Property Evidence/discovery Inspection of Documents (o.24 R.11(1)) Extension of Time to Appeal (o.58 R.1(3)) Reference to Documents in Affidavits Jurisdiction V Discretion to Order Production Contempt for Non‑compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

ZIDA TECHNOLOGIES LIMITED

Plaintiff

TIGA TECHNOLOGIES LIMITED

1st Defendant

SHUM WAI MAN ADISON

2nd Defendant

KWOK HUNG FAT

3rd Defendant

KO KIM HOI

4th Defendant

KONG SIU HUNG

5th Defendant

Procedural Posture

Civil (copyright/interlocutory) / Interlocutory Appeal Against Master's Order; Application for Inspection and Extension of Time to Appeal

Legal Issues

  1. 1 Whether documents referred to in an affirmation constitute documents producible under O.24 r.11(1) when not in the possession custody or power of the party against whom inspection is sought
  2. 2 Whether the court should extend time to file the appeal under O.58 r.1(3) despite a 26 day delay
  3. 3 Whether the Master erred in ordering production for inspection of customs and shipping documents

Ratio Decidendi

The court granted extension of time to appeal under O.58 r.1(3) but affirmed the Master's order for production and inspection under O.24 r.11(1): documents to which the defendants had referred in affirmations (including customs and shipping documents) were relevant and producible notwithstanding they were held by third parties; the defendants had not made adequate efforts to obtain them and the Master did not err in exercising his discretion.

Court Disposition

Leave to appeal out of time granted; appeal dismissed; Order of Master Jones affirmed; costs order nisi in favour of plaintiff.

Orders

  • Extend time to file the appeal under O.58 r.1(3)
  • Affirm Master Jones' Order dated 20 April 2001 requiring the defendants to produce the specified documents for inspection pursuant to O.24 r.11(1)