18 Apr 2023
YOICHI KUGA v. SARONIC HOLDINGS LTD
- Citation
- [2023] HKCFI 1027
- Court
- Court of First Instance
- Case number
- HCMP1180/2018
The court refused leave for interrogatories because they did not relate to matters properly in issue in these ancillary section 21M proceedings and were largely answered in prior proceedings; having regard to settled principles the court held the plaintiff's undertakings were wrongly obtained because the plaintiff failed in the foreign proceedings and the plaintiff failed to demonstrate special circumstances to displace the ordinary rule, and therefore the plaintiff's cross-undertaking in damages is to be enforced and an inquiry as to damages is ordered.