Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discovery proportionality

Legal area

Court

20 Sept 2006

SUEN CHUEN LAI AND OTHERS v. MATCH POWER INVESTMENT LTD

Citation

SUEN CHUEN LAI AND OTHERS v. MATCH POWER INVESTMENT LTD
Court

District Court
Case number

DCCJ3061/2005

The court granted a narrowly tailored order for discovery because documents relating to the refusal and reasons for withholding the Certificate of Compliance by the Lands Department between 26 January 2004 and 29 July 2004 are directly relevant and necessary to fairly dispose of the action; broader, imprecise categories were refused as fishing and unnecessary; the 2nd summons was dismissed.
30 Jun 2006

POON KWOK WING ERNEST v. AIRPORT AUTHORITY

Citation

POON KWOK WING ERNEST v. AIRPORT AUTHORITY
Court

Court of First Instance
Case number

HCPI305/2004

The Master’s orders were upheld because the plaintiff failed to establish relevance or existence of the broad classes of documents sought rendering the discovery requests a fishing expedition and oppressive; and the plaintiff failed to establish exceptional circumstances to justify leave to adduce expert reconstruction evidence on liability (a factual dispute properly for the court), compounded by an earlier binding direction barring expert evidence on liability.