6 Mar 1990
HING YIP HING FAT CO LTD v. THE DAIWA BANK LTD
- Citation
- HING YIP HING FAT CO LTD v. THE DAIWA BANK LTD
- Court
- Court of Appeal
- Case number
- CACV173/1989
Appeal allowed. The Court held that on the pleadings the specific discovery ordered by Mayo J did not relate to any issue in the action and the order was excessively wide; there was no demonstrated lacuna in the defendants' list of documents. Accordingly the discovery order (hybrid order of 30 October 1989) was set aside. The court left open that discovery might be required if the bank later pleads matters relied on to excuse delay.