26 Jul 2006
WING HANG BANK LTD v. KIT CHOY DEVELOPMENT LTD AND ANOTHER
- Citation
- WING HANG BANK LTD v. KIT CHOY DEVELOPMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP5172/2002
The court refused both applications because (1) in inter partes originating summons proceedings there is no absolute duty to disclose documents the plaintiff considers irrelevant, the Bank had acknowledged the documents and the defendant already possessed identical versions so no prejudice was shown, and forensic examination would not advance the defence; and (2) the proposed counterclaim alleging perjury was raised unreasonably late contrary to the requirement to raise counterclaims at the earliest opportunity (RHC Order 28 r 7(2)), therefore both applications were dismissed with costs and t…