18 Aug 2023
CHOR JUN WO DAVID formerly known as CHOR KI KWONG DAVID v. KONCI (1989) LTD AND OTHERS
- Citation
- [2023] HKCFI 2127
- Court
- Court of First Instance
- Case number
- HCA207/2019
Cheng 4th failed to comply with the 1st Discovery Order because it did not address whether the Konci Parties had at any time possessed documents within the scope of the Order and, if so, when they parted with them and what became of them; given the distribution arrangement and circumstantial evidence that older records once existed, the court was entitled to order further compliance. The conclusiveness principle did not prevent relief because the affidavit omissions and circumstances justified displacing interlocutory conclusiveness; appeal dismissed and compliance order upheld.