Hong Kong Case Law: Decisions & Judgments

Topic

Further and better discovery

Legal area

Court

29 Jun 2005

WING FAI CONSTRUCTION CO LTD (IN LIQIUDATION) v. BENEFIT HOLDINGS INTERNATIONAL LTD AND OTHERS

Citation

WING FAI CONSTRUCTION CO LTD (IN LIQIUDATION) v. BENEFIT HOLDINGS INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA810/2003

The Masters order requiring discovery of items in clauses 5 and 6 was set aside because those documents post-date the transactions, record the liquidators reasoning and decision-making, and are not relevant to whether Wing Fai funds were used; discoverable material is limited to documents that bear directly on the pleaded issues (eg accounting records and items 13), and disclosure cannot be ordered for speculative investigatory purposes.
24 Feb 2005

YEUNG SHU LAM WILSON t/a WILSON YEUNG & CO v. CHAN SUI TING AND ANOTHER

Citation

YEUNG SHU LAM WILSON t/a WILSON YEUNG & CO v. CHAN SUI TING AND ANOTHER
Court

Court of Appeal
Case number

CACV391/2004

The Court of Appeal held that the master erred in entering judgment in default and in executing an unless order by entering judgment given the subsequent order for further discovery, procedural irregularities (wrong return date, absence of solicitors) and the need to investigate privilege/malice; the allocatur was properly subject to review and was set aside; consequently the judge below was correct to set aside the masters' orders and to order repayment of sums and costs as set out.
2 Mar 1998

CHAN CHUNG WAI AND OTHERS v. CHEUNG WAI PUI AND OTHERS

Citation

CHAN CHUNG WAI AND OTHERS v. CHEUNG WAI PUI AND OTHERS
Court

Court of First Instance
Case number

HCA8721/1996

The Master's order was varied and partially set aside because (a) notices to the Companies Registry necessarily implicate dates of appointment and therefore the corresponding board and general meeting minutes are relevant and must be discovered for items (8) and (9); and (b) discovery of documents relating to brands (items (11) and (12)) is premature until the pleadings are particularised to identify which brands are disputed, so those items of the Master's order are set aside; costs were ordered in light of the parties' relative success.

Hong Kong Case Law

WING FAI CONSTRUCTION CO LTD (IN LIQIUDATION) v. BENEFIT HOLDINGS INTERNATIONAL LTD AND OTHERS

YEUNG SHU LAM WILSON t/a WILSON YEUNG & CO v. CHAN SUI TING AND ANOTHER

CHAN CHUNG WAI AND OTHERS v. CHEUNG WAI PUI AND OTHERS