Hong Kong Case Law: Decisions & Judgments

Topic

Relevance and necessity of disclosure

Legal area

Court

15 Jan 2024

LAU SUK HAN LORETTA v. LI FUNG MING KRIZIA

Citation

[2024] HKCFI 188
Court

Court of First Instance
Case number

HCPI859/2016

The court applied Order 26 r1(1) and related discovery principles: interrogatories and document requests must be relevant and necessary and not a fishing exercise; on that basis the court directed both parties to take out and list outstanding interlocutory applications together for hearing and proceeded to make a decision on costs reflecting those procedural directions.
14 Jan 2019

TAO SOH NGUN (also known as LO TO LI KWAN or LO TO LEE KWAN) v. HSBC INTERNATIONAL TRUSTEE LTD

Citation

[2019] HKCFI 131
Court

Court of First Instance
Case number

HCA3246/2016

The court granted specific discovery because the plaintiff demonstrated a prima facie case: the Manuals and documents explaining the Directive evidently exist, are within the defendant's control, and are relevant and necessary to determine whether concentration risk legitimately justified the defendant's conduct; disclosure shortly before trial was not oppressive and limited timed disclosure (4 days for Manuals; 5 days for Directive documents) was appropriate.
30 Jan 2015

MELVIN WAXMAN v. LI FEI YU AND OTHERS

Citation

MELVIN WAXMAN v. LI FEI YU AND OTHERS
Court

Court of First Instance
Case number

HCA1973/2012

The judge dismissed the appeal because the plaintiff had demonstrated a prima facie case that the ordered audited accounts and internal accounting records existed, were in the defendants\u2019 possession and were relevant and necessary for disposing fairly of the matter and for assessing conflicting pleas (including the alleged WDI Arrangements and whether the 8/11/12 payment constituted full repayment); the ordered discovery as limited by the master was proportionate and necessary, and the Subject Defendants\u2019 objections of fishing or oppression did not outweigh the need for disclosure.
11 Jun 2007

CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

Citation

CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI894/2006

The court held that documents filed and disclosed in the employees' compensation proceeding are relevant and necessary to determine the plaintiff's past earnings and loss of earning capacity and therefore ordered disclosure; the appeal against Master B Kwan's paragraph requiring disclosure was dismissed because discovery was necessary and would not cause undue hardship.

Hong Kong Case Law

LAU SUK HAN LORETTA v. LI FUNG MING KRIZIA

TAO SOH NGUN (also known as LO TO LI KWAN or LO TO LEE KWAN) v. HSBC INTERNATIONAL TRUSTEE LTD

MELVIN WAXMAN v. LI FEI YU AND OTHERS

CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER