Hong Kong Case Law: Decisions & Judgments

Topic

Disclosure and production of documents

Legal area

Court

18 Nov 2025

LAU SIU HUNG AND KWOK SIN KWAN (BEING THE JOINT AND SEVERAL LIQUIDATORS OF TOM IP & PARTNERS, ARCHITECTS, ENGINEERS & DEVELOPMENT CONSULTANTS LTD (IN LIQUIDATION)) v. P&T INTERNATIONAL INC.

Citation

[2025] HKCA 1032
Court

Court of Appeal
Case number

CACV104/2022

The judge below erred in principle by accepting respondent affirmations that did not show any adequate inquiries had been made; under s.286B the company must produce documents in its custody or power and its affidavit must be based on reasonable inquiries of present and former officers, employees or agents. The court re‑exercised the discretion, allowed the appeal, set aside the judge's order and directed P&T to submit within 28 days a proper affidavit addressing specified items in Schedules A and B and ordered costs (order nisi).
16 Jul 2025

RE SUNNI INTERNATIONAL LTD (In Liquidation)

Citation

[2025] HKCFI 2925
Court

Court of First Instance
Case number

HCCW121/2013

Given the suspicious circumstances surrounding the written contracts, the lack of payment evidence, the Liquidator's reasonable need to investigate ownership and whereabouts of the Assets and the limited, non-oppressive scope proposed, the court ordered Ip to attend and be examined under s286C because the information is reasonably required for the Liquidator to perform his functions.
18 Mar 2025

KISHIN SAMTANI, THE ADMINISTRATOR OF THE ESTATE OF NARIAN SAMTANI, DECEASED v. CHANDERSEN TIKAMDAS SAMTANI

Citation

[2025] HKCFI 1076
Court

Court of First Instance
Case number

HCA496/2011

Plaintiff's claims were dismissed because he failed to prove the alleged family Understanding or Indian tradition, failed to prove that the disputed properties were partnership assets of the 1989 partnership (most were acquired before the 1989 partnership or not shown to be brought into the partnership and there was no evidence of transfer of assets between successive firms), failed to prove the Evelyn Towers Agreement, and failed to prove misappropriation given the credible contemporaneous evidence of the CESCO payment/commission arrangement; conversely the evidence showed Narian had been in…
12 Nov 2021

RE LI SHU CHUNG

Citation

[2021] HKCFI 3426
Court

Court of First Instance
Case number

HCB5475/2018

The court granted the further letter of request because the bankrupt had failed to comply with statutory obligations to attend and to disclose documents; the trustees identified specific, reasonably limited classes of documents (Classes A–E) which exist and are in the possession of the bankrupt or third parties, are within the relevant lookback period and are necessary for trustees to trace and realize assets; issuance of the LR to the UK court under s.426 Insolvency Act 1986 is therefore appropriate to secure disclosure and enforcement of cooperation.
18 Jan 2019

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

Citation

[2019] HKCFI 149
Court

Court of First Instance
Case number

HCB3819/2011

The court found the applicants had sufficient and cogent evidential basis to believe the Bankrupt controlled Keentrade and Sinowood and would benefit from payments under the LSF Agreements, that the respondents' objections (abandonment, prior opportunity to obtain discovery, and oppression) were unpersuasive, and accordingly the statutory criteria for ordering production/examination under sections 29(1) and 29(1A) were met.
20 Apr 2016

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO LTD

Citation

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO LTD
Court

Court of First Instance
Case number

HCA2302/2014

There are serious questions to be tried on the defendants' counterclaim and, on balance of convenience and absence of adequate remedy in damages for deprivation of company property and signatory control, the court will order the return of corporate documents and require the former director to assist with removal of bank signatories; however compelling explanatory affirmations about the substantive disputed transactions are declined at this interlocutory stage.

Hong Kong Case Law

LAU SIU HUNG AND KWOK SIN KWAN (BEING THE JOINT AND SEVERAL LIQUIDATORS OF TOM IP & PARTNERS, ARCHITECTS, ENGINEERS & DEVELOPMENT CONSULTANTS LTD (IN LIQUIDATION)) v. P&T INTERNATIONAL INC.

RE SUNNI INTERNATIONAL LTD (In Liquidation)

KISHIN SAMTANI, THE ADMINISTRATOR OF THE ESTATE OF NARIAN SAMTANI, DECEASED v. CHANDERSEN TIKAMDAS SAMTANI

RE LI SHU CHUNG

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO LTD