Hong Kong Case Law: Decisions & Judgments

Topic

Collateral purpose

Legal area

Court

15 May 2019

ELLIOTT INTERNATIONAL, L P AND OTHERS v. THE BANK OF EAST ASIA, LTD AND OTHERS

Citation

[2019] HKCFI 1555
Court

Court of First Instance
Case number

HCMP1812/2016

The court ordered limited post-petition discovery because documents from 19 July 2016 to 30 April 2020 are sufficiently relevant to the pleaded allegation that the petition was presented for a collateral purpose and may reinforce the pre-petition evidence; the order was confined and tailored to balance the utility of disclosure against the burden under RHC O 24 r 8(2), with a staged timetable, liberty to apply and costs ordered nisi for the Directors.
28 Aug 2018

ELLIOTT INTERNATIONAL, L P AND OTHERS v. THE BANK OF EAST ASIA, LTD AND OTHERS

Citation

[2018] HKCFI 2002
Court

Court of First Instance
Case number

HCMP1812/2016

Apply the broad Peruvian Guano relevance test but require classes to be defined with sufficient precision and not impose undue burden; where on available evidence the balance of probabilities shows a class will likely contain relevant documents the court will order discovery but will refuse or amend classes that are overbroad, vague or unduly burdensome; the court will order specific amended classes disclosed (not blind general classes), require certain directors (2nd–4th Respondents) to give discovery in addition to the Bank, and defer privilege disputes for separate determination.
25 Oct 2006

LEONG YUET WAH AND ANOTHER v. WONG WEI LIN AND OTHERS

Citation

LEONG YUET WAH AND ANOTHER v. WONG WEI LIN AND OTHERS
Court

Court of First Instance
Case number

HCMP428/2006

The strike out application was dismissed because the court could not conclude as a matter of law that the petition was frivolous, vexatious or an abuse or presented for a collateral purpose; there are disputed factual issues and substantial evidence which make the complaints arguable and require trial and cross-examination before conclusions can be reached.
3 May 2000

Re Chor Lau Heung Restaurant Co. Ltd.

Citation

Re Chor Lau Heung Restaurant Co. Ltd.
Court

Court of First Instance
Case number

HCCW63/1999

The petition was found to lack any sound basis in fact or law and to have been presented and pursued for a collateral purpose constituting an abuse of process; therefore the court exercised its discretion to order the respondents' costs to be taxed on an indemnity basis.
22 Jun 1999

RE HY & HT LEE BROTHERS & CO. LTD.

Citation

RE HY & HT LEE BROTHERS & CO. LTD.
Court

Court of First Instance
Case number

HCCW275/1998

The impugned passages were relevant to the Respondent's defence and not plainly and obviously irrelevant or scandalous; at the interlocutory stage the court will not excise relevant material or decide extrinsic questions of ulterior purpose; accordingly the strike-out application fails.

Hong Kong Case Law

ELLIOTT INTERNATIONAL, L P AND OTHERS v. THE BANK OF EAST ASIA, LTD AND OTHERS

ELLIOTT INTERNATIONAL, L P AND OTHERS v. THE BANK OF EAST ASIA, LTD AND OTHERS

LEONG YUET WAH AND ANOTHER v. WONG WEI LIN AND OTHERS

Re Chor Lau Heung Restaurant Co. Ltd.

RE HY & HT LEE BROTHERS & CO. LTD.