Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Affidavit conclusiveness

  • 16 May 2014

    CWG v. MH AND OTHERS

    Citation
    CWG v. MH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP643/2012

    The court found that R2 had not complied in full with the Discovery Order as to items 6, 8, 9 and 12 because the affidavits were illusory or showed no evidence of a conscientious effort to obtain and produce documents within R2's power (security agreements, sale documentation for cars and timepieces, and relevant company accounts); therefore the non-compliance stood and costs would follow.

  • 19 Feb 2014

    JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

    Citation
    JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA156/2010

    Lorenzo's affidavit (Lorenzo 3) was found to be false, illusory and wilfully defective; his explanations (listed status, privatisation, third party refusal) were implausible or ex post facto and did not excuse non-compliance; documentary evidence supported that the requested documents were within Lorenzo's control; his non-compliance was deliberate and in bad faith; accordingly the court struck out his defence and entered judgment for Miranda, granted the declarations sought regarding repudiation and 50% beneficial ownership, ordered relief as per draft paragraphs and awarded costs on an inde…