Hong Kong Case Law: Decisions & Judgments

Topic

Section 42 high court ordinance

Legal area

Court

16 Apr 2021

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND ANOTHER

Citation

[2021] HKCFI 869
Court

Court of First Instance
Case number

HCA3040/2015

The court granted a limited, particularised discovery order: ordered production of identified source‑of‑funds records for three specified alleged debts (with a narrowed temporal scope for the HKM Metal Debt), ordered preservation/production of WeChat and telephone messages in the defined period concerning USUM/USUMHK negotiations, directed CT to undertake further reasonable searches in respect of documents within its power (including agents) but preserved CT's right to assert privilege, adjourned the summons against USUMHK sine die, and reserved costs; the orders were constrained to avoid fis…
19 Sept 2019

LEUNG YIU TING v. MTR CORPORATION LTD

Citation

[2019] HKCFI 2321
Court

Court of First Instance
Case number

HCMP1441/2019

s42 could not be relied upon because the plaintiff had not commenced proceedings; the plaintiff proceeded on Norwich Pharmacal equitable jurisdiction; notwithstanding procedural form issues, the court would proceed and exercise its jurisdiction to grant interim preservation relief to secure the CCTV footage pending determination of the disclosure application; directions were given for evidence exchange and hearing adjournment; MTRC was ordered to preserve the specified CCTV footage but no further restraint against meddling or disclosure was made at this interim stage.
22 Aug 2019

ZENJOY LTD v. CONTEX GROUP CO LTD

Citation

[2019] HKCFI 2049
Court

Court of First Instance
Case number

HCA1339/2019

Dismissal: applicant failed to establish that the bank documents sought were relevant to an issue the court must adjudicate in the proceedings (Peruvian Guano) and failed to show that discovery was necessary for disposing fairly of the cause or for saving costs under O.24 r.8(2); the proposed restrain order was injunctive in nature and outside the Master’s jurisdiction in these proceedings.
30 Apr 2018

LI XIAO YI AND ANOTHER v. ALAN CHUNG WAH TANG and HOU CHUNG MAN (JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT)

Citation

[2018] HKCFI 939
Court

Court of First Instance
Case number

HCB345/2001

Both discovery summonses were dismissed because the applicants lacked a legitimate interest or standing to obtain discovery or to impugn the administration of the bankrupt estate; being relatives and not creditors they are strangers to the estate and cannot use compulsory discovery to probe funding arrangements despite s42 applying broadly.
5 Sept 2014

CRYSTAL JADE LA MIAN XIAO LONG BAO (TAIKOO) LTD (IN COMPULSORY LIQUIDATION) v. LEUNG YEE WAI MONA AND OTHERS

Citation

CRYSTAL JADE LA MIAN XIAO LONG BAO (TAIKOO) LTD (IN COMPULSORY LIQUIDATION) v. LEUNG YEE WAI MONA AND OTHERS
Court

Court of First Instance
Case number

HCA125/2012

Court ordered non‑party discovery in part: SCB to produce the agreed classes of documents (items a,c,d from the summons, class b abandoned) subject to solicitors for plaintiff and defendants agreeing redactions of parts irrelevant to the issues with liberty to apply to court, and with item d(v) confined to documents relating to the HK$2,000,000 SME loan only; costs directed as set out.

Hong Kong Case Law

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND ANOTHER

LEUNG YIU TING v. MTR CORPORATION LTD

ZENJOY LTD v. CONTEX GROUP CO LTD

LI XIAO YI AND ANOTHER v. ALAN CHUNG WAH TANG and HOU CHUNG MAN (JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT)

CRYSTAL JADE LA MIAN XIAO LONG BAO (TAIKOO) LTD (IN COMPULSORY LIQUIDATION) v. LEUNG YEE WAI MONA AND OTHERS