Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Eviction by title paramount

Legal area

Court

8 Jun 2021

ZHOU XI v. BRINK’S HONG KONG LTD AND ANOTHER

Citation

[2021] HKCFI 1645
Court

Court of First Instance
Case number

HCA2900/2016

The appeal is dismissed because the discovery and interrogatories sought were too broad and unnecessary for disposing fairly of the cause or saving costs; they amounted to fishing into peripheral matters (Plaintiff's roles in PRC companies and past activities) which are not material to the 1st Defendant's Money Lenders Ordinance defence, and the available disclosure and cross‑examination suffice; bailor/bailee estoppel did not by itself dispose of the application but the discovery application fails on necessity and proportionality grounds.
8 Jun 2021

ZHOU XI v. BRINK’S HONG KONG LTD AND ANOTHER

Citation

[2021] HKCFI 1645
Court

Court of First Instance
Case number

HCA2775/2016

The appeal was dismissed because the requested discovery and interrogatories were overbroad and unnecessary for disposing fairly of the matter or saving costs: the MLO defence related to an alleged loan from Zhou personally (not loans by PRC companies), existing disclosure and interrogatories already addressed Zhou's personal lending activities, and further probing into Zhou's positions in PRC companies would be fishing, disproportionate and likely to increase costs without advancing the real issues at trial.