Hong Kong Case Law: Decisions & Judgments

Topic

Fishing for evidence

Legal area

Court

27 Aug 2021

SUNNI INTERNATIONAL LTD v. WIN HARVEST ENTERPRISES LTD AND ANOTHER

Citation

[2021] HKCFI 2472
Court

Court of First Instance
Case number

HCA2380/2018

The Plaintiff failed to demonstrate that withdrawal of the discovery summons was for reasons other than an acknowledgement of defeat or likely defeat because the subsequent disclosures and affirmations were limited and did not render the application unnecessary and the supporting evidence did not establish the necessary relevance or necessity for each category; therefore the general rule applies and the Plaintiff must pay the Defendants' costs.
24 Feb 2015

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC.AND ANOTHER

Citation

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC.AND ANOTHER
Court

Court of First Instance
Case number

HCA537/2013

The defendants' application to adduce expert evidence was dismissed because the proposed expert questions principally sought to resolve factual questions about SIPO's motives and administrative history and/or to test the correctness of PRC legal advice which was not a live issue; such evidence would not assist the court and amounted to a fishing exercise contrary to Practice Direction PD5.2 and established authorities; consequently leave was refused and costs awarded to the plaintiffs.
16 Jul 2014

CHEUNG TAI FUNG, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG SHEK, DECEASED v. HOSPITAL AUTHORITY

Citation

CHEUNG TAI FUNG, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG SHEK, DECEASED v. HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCMP3396/2013

The Court dismissed the application for leave to appeal because the judge did not err in law or exercise his discretion plainly wrongly: the plaintiff already possessed the crucial materials (autopsy and medical reports and two medical expert reports), the requested open‑ended stay was effectively fishing for evidence, and granting it would prejudice the defendant and keep treating staff in limbo; therefore the unless order and requirement to file a Statement of Claim were appropriate.
31 Dec 2012

CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD

Citation

CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1374/2011

The court ordered limited disclosure: unless the defendant admits in writing within 14 days that waiver fees were recorded as expenses in its audited reports (admission admissible at trial), the defendant must file an affidavit disclosing its audited financial reports limited to the parts showing the register/treatment of the waiver fees for the period 1 Aug 2005 to 31 Jul 2011 (updated unaudited report allowed), because those entries are relevant and necessary to enable a fair determination of competing oral agreement accounts and the disclosure is proportionate and confined to avoid a fishi…

Hong Kong Case Law

SUNNI INTERNATIONAL LTD v. WIN HARVEST ENTERPRISES LTD AND ANOTHER

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC.AND ANOTHER

CHEUNG TAI FUNG, THE ADMINISTRATRIX OF THE ESTATE OF YEUNG SHEK, DECEASED v. HOSPITAL AUTHORITY

CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD