Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Norwich pharmacal / pre-action discovery

Legal area

Court

18 Mar 2020

LEUNG YIU TING v. MTR CORPORATION LTD

Citation

[2020] HKCFI 460
Court

Court of First Instance
Case number

HCMP1441/2019

Norwich Pharmacal relief was granted: MTRC was not a mere witness given its control of the premises, its role in requesting police attendance, its control over station operations (including escalators), and its role in arranging transport of arrested persons; the Police were not a practicable alternative source for the full footage sought; the footage would likely yield substantial and worthwhile benefits to the plaintiff; disclosure ordered subject to a use-limiting undertaking and specified costs directions.
12 Jun 1987

ALLIED ARAB BANK LIMITED v. TAJ EL AREFIN HAJJAR AND OTHERS

Citation

ALLIED ARAB BANK LIMITED v. TAJ EL AREFIN HAJJAR AND OTHERS
Court

Court of First Instance
Case number

HCCL9/1987

The court struck out the fraudulent misrepresentation claim against D3–D7 because the Points of Claim failed to plead facts from which the alleged representations could be attributed to those corporate defendants and failed to plead causation/particularised loss; the Norwich Pharmacal discovery claim was struck out as insufficiently pleaded and amounting to a fishing expedition; however the pleadings that D3–D7 were established or operated to receive and hold the proceeds of the alleged fraud (and consequential constructive trusteeship/accounting) were sufficiently pleaded to survive strike-o…