5 Jun 2018
The judge did not err in exercising case management discretion: the adjournment for the audio recording was rightly treated as a fishing exercise since the Amended Form 86 could be decided without it, the belated transcript was of minimal assistance, the proposed additional ground lacked merit, and therefore leave to apply for judicial review was properly refused.
18 Oct 2017
Court declined broad, post-April 2016 discovery as irrelevant and a fishing expedition, but granted targeted discovery necessary to reconcile the alleged misappropriations pleaded in the petitions: directed disclosure of bank statements/passbooks for specified accounts for the relevant period, required affirmations from respondents confirming disclosure of documents in categories 1 and 3 in their possession, and ordered verification of accounting records and vouchers for 1 January 2016 to 30 April 2016; apportioned costs against respondents (20%).
17 Feb 2016
The application was allowed in part because Hao acted in good faith and had a proper purpose germane to his 20% shareholding; the court was satisfied there was a reasonable case for investigation as to the whereabouts of the RMB23m 2nd Compensation and substantial compensation receivables held in trust by director Wong, but the requests relating to P&Y Industrial were an unjustified fishing expedition and were refused.
21 Feb 2002
Section 221(3) of the Companies Ordinance does not empower the court to order production of third parties' or examinees' personal bank statements and broad personal financial records that do not 'relate to the company'; even if such power were arguable, the court would refuse on discretionary grounds where the disclosure sought is oppressive or a fishing expedition. Only limited, specific affidavit disclosure was ordered in respect of two cash cheques totalling HK$1,000,000 against the 3rd respondent, to be verified with his bank within 14 days.
29 Mar 1995
The Plaintiff failed to establish the requisite prima facie case for specific discovery under O.24 r.7 because the requests were overbroad, insufficiently particularised, and the Plaintiff did not show existence, possession or particular contents beyond documents already disclosed by the Defendant; therefore specific discovery was not justified and the summons was dismissed with costs.