23 Sept 2008
AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. ERNST & YOUNG (A HONG KONG FIRM)
- Citation
- AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. ERNST & YOUNG (A HONG KONG FIRM)
- Court
- Court of Appeal
- Case number
- CACV233/2008
Section 221 examinations are inquisitorial so litigation privilege does not attach as a matter of law; the plaintiff failed to establish a dominant litigation purpose factually; consequently the court, exercising its discretion under Companies (Winding-up) Rules r62(2), properly ordered disclosure because the transcripts were relevant and necessary for a fair disposal of the action and conducive to the beneficial winding up, with confidentiality protected by limits on use.