Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Strike-out (o.18 r.19)
  • 5 Mar 2001

    SEACLIFF LTD. v. DECCA LTD. AND OTHERS

    Citation
    SEACLIFF LTD. v. DECCA LTD. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP4900/2000

    The strike-out application was dismissed because the plaintiff demonstrated a good arguable case that its pre-action discovery application falls within recognised exceptions to the mere witness rule (identification of wrongdoers and tracing of proceeds of fraud) and therefore the high threshold for summary striking out under Order 18 r.19 was not met; the court's inherent jurisdiction to order disclosure remained available and the originating summons was allowed to proceed to hearing.