Hong Kong Case Law: Decisions & Judgments

Topic

Continuing duty of disclosure

Legal area

Court

5 Sept 2025

HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. WANG YAFENG

Citation

[2025] HKCA 821
Court

Court of Appeal
Case number

CACV415/2024

The dismissal of the Beijing court's jurisdictional challenge was not a material omission for purposes of the plaintiff's continuing duty of disclosure because non-exclusive jurisdiction clauses in the parties' agreement meant the defendant bore a heavy burden to show strong or powerful reasons to displace Hong Kong jurisdiction; the mainland proceedings had not progressed to a stage that materially affected the dispute at the time of the default judgment application, therefore the First Summons grounds failed and the appeal was dismissed.
15 Jan 2019

TANG YI v. EDMOND DE ROTHSCHILD ASSET MANAGEMENT HONG KONG LTD AND ANOTHER

Citation

[2019] HKCFI 146
Court

Court of First Instance
Case number

HCA942/2013

The stay was lifted because the plaintiff had not justified delay, the defendants had provided substantial discovery, and lifting the stay would not prevent further discovery; accordingly the court ordered exchange of witness statements on a fixed timetable and awarded costs to the defendants.
17 Mar 2016

HENGSHI INTERNATIONAL INVESTMENTS LTD v. BAYSPRING INTERNATIONAL LTD AND ANOTHER

Citation

HENGSHI INTERNATIONAL INVESTMENTS LTD v. BAYSPRING INTERNATIONAL LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1916/2015

The production summons was dismissed because it was issued very late after the injunction continuation had been decided, the two emails had only minimal relevance to the proprietary basis on which the injunction was continued, the application was a fishing exercise rather than necessary for fair disposal, and the correct forum for further discovery was the arbitrator; accordingly inspection was not necessary and costs were awarded to the plaintiff on an indemnity basis.
8 May 2013

KINETICS MEDICAL HEALTH GROUP COMPANY LTD v. DR TSE KIN SANG AND OTHERS

Citation

KINETICS MEDICAL HEALTH GROUP COMPANY LTD v. DR TSE KIN SANG AND OTHERS<br>
Court

Court of First Instance
Case number

HCA1115/2010

The court refused leave to adduce and rely on the plaintiffs' Supplemental and 2nd Supplemental Lists of Documents because the discovery was patently late, the explanation in the Kwan affirmation was wholly unsatisfactory and misleading in part, admission would cause real forensic prejudice to the defendant and many of the documents were irrelevant or unnecessary to the core issues; accordingly the documents were excluded and costs ordered against the plaintiffs.
18 Feb 2004

K & E ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD

Citation

K & E ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD
Court

District Court
Case number

DCCJ10729/2001

The application for an adjournment was refused because it was brought too late given the chronology and fixed trial date, the alleged discovery omissions were largely second-tier and should have been raised earlier under the continuing duty to disclose, and the need to protect the court list and other litigants outweighed the plaintiffs' late request.
22 May 1992

AUTO-TREASURE LTD. t/a ALBERT JEWELRY CREATION v. PYRAMID INTERNATIONAL (A FIRM) AND OTHERS

Citation

AUTO-TREASURE LTD. t/a ALBERT JEWELRY CREATION v. PYRAMID INTERNATIONAL (A FIRM) AND OTHERS
Court

Court of Appeal
Case number

CACV24/1992

The appeal is dismissed because the plaintiff breached the continuing duty to disclose material events (discussions with the defendant occurring before service) and unreasonably delayed service of the ex-parte prohibition order; those failures justified discharge of the order and did not render the judge's order for indemnity costs plainly wrong.

Hong Kong Case Law

HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. WANG YAFENG

TANG YI v. EDMOND DE ROTHSCHILD ASSET MANAGEMENT HONG KONG LTD AND ANOTHER

HENGSHI INTERNATIONAL INVESTMENTS LTD v. BAYSPRING INTERNATIONAL LTD AND ANOTHER

KINETICS MEDICAL HEALTH GROUP COMPANY LTD v. DR TSE KIN SANG AND OTHERS

K & E ESTATE (CHINA) LTD AND ANOTHER v. K & E CO LTD

AUTO-TREASURE LTD. t/a ALBERT JEWELRY CREATION v. PYRAMID INTERNATIONAL (A FIRM) AND OTHERS