Hong Kong Case Law: Decisions & Judgments

Topic

Bank records

Legal area

Court

22 Jan 2024

BRUCE JAMES STINSON v. GU MING GAO AND ANOTHER

Citation

[2024] HKCFI 171
Court

Court of First Instance
Case number

HCA851/2018

The summons for further specific discovery was largely dismissed because most documents sought were already covered by the 2014 discovery order or P had sworn on oath that he did not possess them and Ds failed to satisfy the three pre-requisites for specific discovery; only in respect of the HSBC joint account (622-0556550-001) did the court find a prima facie case and order limited discovery (affidavit and production of statements for 27 January 2004 to 27 July 2012). P's sworn statements are conclusive absent contradiction by documents or admissions. Costs order nisi made in favour of P (Ds…
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.
13 May 2021

SARAS GOPI ALSO KNOWN AS SARASWATHI GOPALAKRISHNAN v. BINA DEEGAN ALSO KNOWN AS BINA CUNNINGHAM ALSO KNOWN AS BINA GOPI

Citation

[2021] HKCFI 1588
Court

Court of First Instance
Case number

HCA3075/2015

The court conducted an item-by-item case management ruling: discovery granted for specific categories (UK wills relevant to jewellery claim but not funds; Withers and certain advisers' correspondence relevant; Indian will relevant; title deeds and nominee forms subject to narrowing; lease/receipts for quantum; discrete ITE share transfer documents and audited financials 2007-present; pleadings/affidavits from prior proceedings); discovery refused for broad bank account statements and sales proceeds documents where Peruvian Guano relevance not established; redacted previously disclosed documen…
30 Nov 2020

CH v. TTHM

Citation

[2020] HKFC 236
Court

Family Court
Case number

FCMC8214/2011

The court applied the principles of Order 24 RHC and the Civil Procedure commentary, held that parts of the applicant's schedule were overbroad or fishing and narrowed the summons: it ordered specific discovery of five defined sets of bank records (rental deposits and cheque deposits/withdrawals for specified accounts and defined date ranges relating to Chu Kee Building, Wah Hoi Mansion cheques, Unit AB of the Workshop, Unit 407 post-dated cheques and Unit 217 post-dated cheques) and refused discovery of the correspondence requests in paras (2)–(4) and the already produced declaration; costs…
1 Mar 2017

LIU MING v. WOO CEONG HOI AND OTHERS

Citation

LIU MING v. WOO CEONG HOI AND OTHERS
Court

Court of First Instance
Case number

HCCW204/2016

The court ordered the first summons for discovery in the terms sought and ordered costs to follow the event; the court refused the second summons for banking records because the petitioner demonstrated a real risk of self-incrimination, and ordered the second summons withdrawn with no order as to costs.
9 Feb 2017

TONG CHOI YAU v. KONG, SIN MAN (also known as SIN MAN KONG, KEN S KONG, KENNETH S KONG and SINMAN S KONG)

Citation

TONG CHOI YAU v. KONG, SIN MAN (also known as SIN MAN KONG, KEN S KONG, KENNETH S KONG and SINMAN S KONG)
Court

Court of First Instance
Case number

HCA1056/2014

The Plaintiff had not fully complied with the substance of the Unless Order in relation to the bank transfer slips and other documentary evidence; the appropriate remedy was to order a further, specific affirmation by 4:00 pm on 30 March 2017 detailing steps taken to obtain the documents (including enquiries of banks), failing which the Plaintiff's claim would be struck out with costs; the Defendant's summons was dismissed and no order was made for costs of this application.
29 Jul 2016

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

Citation

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
Court

Court of First Instance
Case number

HCA183/2014

The court rejected the broad, sweeping and non‑particularised discovery request but exercised case management to grant a narrowly tailored specific discovery order: Essence must list and produce limited bank records evidencing (a) remittances of dividends or distributable profits from Kudeta BVI to Essence and any subsequent payments/transfers from September 2010 to October 2012; and (b) proceeds of sale of Essence's Kudeta shareholding to L Capital and any subsequent payments/transfers from January to February 2014. The court ordered the 1st and 3rd plaintiffs to disclose bank records only i…
16 Sept 2009

STEP BY STEP LTD AND OTHERS v. DOROTHY JANE FURNESS AND OTHERS

Citation

STEP BY STEP LTD AND OTHERS v. DOROTHY JANE FURNESS AND OTHERS
Court

Court of First Instance
Case number

HCMP844/2007

The appeal is allowed in part: the majority of the plaintiffs' open‑ended requests for auditors' working papers and non‑exhaustive supporting documents are overbroad and unnecessary; discovery is ordered only for specified classes of primary transactional and banking records of the 3rd defendant from incorporation to September 2008 (cheque books and stubs, deposit slips, withdrawal slips, cash books, telegraphic transfer forms and confirmations, daily sales/deposit records, purchase contracts, invoices, receipts, petty cash books and copies of asset contracts) to enable tracing of alleged mis…
17 Oct 2008

HELM HONG KONG LTD v. MARK OLIVER VON TORKLUS

Citation

HELM HONG KONG LTD v. MARK OLIVER VON TORKLUS
Court

Court of First Instance
Case number

HCA2327/2006

The appeal was allowed and specific discovery ordered: because the amended statement of claim sufficiently particularised the alleged frauds and there was an admitted transaction (RMB1.1m) placing the defendant's records at issue, the defendant's bank accounts from 2000 to date were relevant and in his power; the application was not a fishing expedition and disclosure should be subject to protective measures (inspection by solicitors, agreed redactions, confidentiality), with liberty to apply if disputes arise.
8 Jan 2002

HKSAR v. CHAU CHUNG CHUEN

Citation

HKSAR v. CHAU CHUNG CHUEN
Court

Court of First Instance
Case number

HCMA1073/2001

The magistrate's acceptance of the victim's evidence and rejection of the appellant's evidence was a permissible credibility finding; the bank records were relevant to the timing of events and did not cause prejudice because subsequent withdrawals were by unknown persons; accordingly the appellate court will not disturb the conviction and the appeal is dismissed.