Hong Kong Case Law: Decisions & Judgments

Topic

Order 24 r.7

Legal area

Court

26 Sept 2014

HO SHUK MING v. FONG KWOK SHAN, CHRISTINE AND OTHERS

Citation

HO SHUK MING v. FONG KWOK SHAN, CHRISTINE AND OTHERS
Court

Court of First Instance
Case number

HCA265/2012

The application for specific discovery was dismissed because the defendants failed to identify the class of documents with sufficient precision and did not establish that the documents were necessary for the fair disposal of the proceedings or for saving costs; the request was an overbroad and potentially oppressive fishing expedition contrary to the requirements of O.24 r.7 and the principles in Deak and related authorities.
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…
29 Feb 2008

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

Citation

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS
Court

Court of First Instance
Case number

HCA2114/2005

The Master correctly ordered further discovery: the classes of documents sought are relevant to the central issue of whether the Ho King Agreement is a sham and whether the 1st and 2nd defendants assumed personal liability; on the facts the defendants have possession, custody or power of the relevant documents (including Hemisphere documents and litigation settlement papers) and must disclose them; the appeal is therefore dismissed and the Master's order is upheld.
16 Nov 2006

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD

Citation

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD
Court

District Court
Case number

DCCJ6778/2002

Appeal dismissed because defendant failed to demonstrate that the requested documents were relevant to the matters in issue between defendant and 2nd plaintiff; documents between 1st and 2nd plaintiffs cannot establish contractual terms or practices incorporated into the contract between defendant and 2nd plaintiff, and there was no evidence that explanatory documents in category (ii) ever existed, so the prerequisites for specific discovery were not satisfied.

Hong Kong Case Law

HO SHUK MING v. FONG KWOK SHAN, CHRISTINE AND OTHERS

CHAN WING HO AND OTHERS v. FASHION ACCESSORIES INTERNATIONAL LTD

TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

MAN CHEUNG INTERNATIONAL TRADERS LTD AND ANOTHER v. CLSA LTD