Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illegality in contracts
  • 12 Feb 2010

    SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN FOR PING STEVEN AND OTHERS

    Citation
    SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN FOR PING STEVEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1521/2005

    The appeal was dismissed: the application for specific discovery was misconceived and hopeless because the documents were not shown to be relevant to issues joined on the pleadings as they stood before the Master (issues of illegality were not pleaded and were effectively res judicata), the documents could have been obtained from the plaintiffs who claimed them as their property, procedural requirements for pre‑action disclosure were not complied with, and therefore the Master was correct to refuse specific discovery; however, an indemnity costs order was not appropriate and the costs order b…