Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidence/proportionality
  • 30 Nov 2017

    TAI YUK CHEUNG v. HUNG SING CONSTRUCTION ENGINEERING CO. AND ANOTHER

    Citation
    TAI YUK CHEUNG v. HUNG SING CONSTRUCTION ENGINEERING CO. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI298/2015

    The application was dismissed because the plaintiff failed to produce evidence supporting a genuine belief that the specific classes of documents existed and were in the defendants' possession; the Handbook relied upon is a non‑binding model/reference and does not establish a mandatory obligation to generate the particular records sought; the requests were vague as to scope and time, potentially disproportionate and amounted to a fishing expedition, justifying refusal of specific discovery and referral of costs for further hearing.