7 Apr 2014
CHINA METAL RECYCLING (HOLDINGS) LTD (in Provisional Liquidation) AND ANOTHER v. CHUN CHI WAI AND OTHERS
- Citation
- CHINA METAL RECYCLING (HOLDINGS) LTD (in Provisional Liquidation) AND ANOTHER v. CHUN CHI WAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1412/2013
The court has jurisdiction to impose an Unless Order for persistent non‑compliance with mandatory disclosure orders and should exercise a balancing discretion taking into account likelihood of a successful challenge, prejudice to parties and conduct of the defendant. Here the 5th defendant's failure to comply over eight months, lack of legitimate excuse and apparent deliberate contumelious behaviour justified making an Unless Order. The court therefore imposed deadlines for compliance and fixed sanctions (strike out of defence and counterclaim) for failure to comply; further discovery was ord…