Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Audited partnership accounts

Legal area

Court

1 Mar 1985

WENDY WENTA SENG YUEN v. PHILIP PAK YIU YUEN

Citation

WENDY WENTA SENG YUEN v. PHILIP PAK YIU YUEN
Court

Court of First Instance
Case number

HCMC18/1983

Respondent must produce his personal copies of the audited partnership accounts because he had received and retained personal copies over the years which remained his property and could be obtained from the firm's accountant as his agent; partners' general objections did not establish a valid protection to defeat production; production permitted subject to petitioner's undertaking of confidentiality.
12 Jun 1984

WENDY WENTA SENG YUEN v. PHILIP PAK YIU YUEN

Citation

WENDY WENTA SENG YUEN v. PHILIP PAK YIU YUEN
Court

Court of First Instance
Case number

HCMC18/1983

Where an affidavit is used to resist production of documents and the bona fides of the deponent's assertions are directly in issue, the court will, under Order 38 r.2, order the deponent to attend for cross-examination if that cross-examination does not improperly duplicate matters for trial and there is good reason to test the assertions; the 'special circumstances' requirement is not generally applicable outside the narrow interlocutory injunction/libel context and the burden lies on the partner asserting joint ownership to justify non-production.