Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discovery of electronic documents

Legal area

Court

24 Jun 2011

SIM KON FAH v. JBPB and CO (A firm) AND OTHERS

Citation

SIM KON FAH v. JBPB and CO (A firm) AND OTHERS
Court

Court of First Instance
Case number

HCA49/2011

Plaintiff established a sufficient likelihood of success on breach of confidence for documents that did not cross over to the 1st Defendant (Class 3), internal MR communications not relating to crossover clients (Class 1, limited), and communications with legal advisers (Class 5 limited to solicitor/counsel communications); damages would not be adequate and balance of convenience favoured interim relief; employer ownership of the laptop does not automatically negate a reasonable expectation of privacy; accordingly an interim injunction in qualified terms was warranted and ordered for those cl…
31 May 2007

CSAV GROUP (HONG KONG) LTD AND ANOTHER v. JAMSHED SAFDAR

Citation

CSAV GROUP (HONG KONG) LTD AND ANOTHER v. JAMSHED SAFDAR
Court

Court of Appeal
Case number

CACV55/2007

The Court allowed the appeal and held that the order requiring further and better list and affidavit in respect of the hard drive and the broad classes 2, 3 and 4 was not justified because relevance was at best peripheral, discovery was unnecessary for fair disposal or saving costs, the classes were overbroad and vague, and plaintiffs already possessed the primary records; accordingly discovery of the hard drive and those classes was not ordered and costs were to be paid by the plaintiffs nisi to the defendant.