Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overbroad requests

  • 3 Apr 2019

    MAGNUS LEONARD ROTH v. VITALY ORLOV AND ANOTHER

    Citation
    [2019] HKCFI 875
    Court
    Court of First Instance
    Case number
    HCMP2753/2017

    Grant discovery only where prima facie case is established; apply relevance broadly but avoid fishing; here the court ordered limited discovery confined to Stephenson Harwood advice/instructions relevant to the alternate director issue (Item 6) and refused wider requests such as documents evidencing the Katla sale to MTF as not sufficiently relevant or too broad; where there is reason to believe further undisclosed documents exist the party themselves must swear an affidavit addressing possession custody or power and disposition of such documents.

  • 15 Jun 2018

    PT TUGU PRATAMA INDONESIA v. CITIBANK N.A.

    Citation
    [2018] HKCFI 1398
    Court
    Court of First Instance
    Case number
    HCCL1/2007

    The application was dismissed because the Defendant failed to show the documents sought were relevant or necessary for the fair disposal of the action, the affirmation did not refer to any documents so O.24 r.10 did not apply, the requests were overbroad and impermissibly defined by reference to issues, and the extensive, historical scope and lateness of the request made it disproportionate given the imminent trial.