Hong Kong Case Law: Decisions & Judgments

Topic

Inspection orders

Legal area

Court

24 May 2023

COX KAN, HAY TUNG AMY AND ANOTHER v. JENHON INTERNATIONAL LTD

Citation

[2023] HKDC 678
Court

District Court
Case number

DCCJ3470/2020

The court exercised its statutory powers and discretion to permit the Plaintiffs' proposed Ponding Test and Pipes Test because the tests were relevant and necessary to resolve the technical issue of source of water seepage, the Defendant unreasonably refused the tests and excluded its expert from discussions, and there had been inordinate delay in producing a joint expert report; accordingly the court ordered specified testing, timelines and cooperation obligations and awarded costs to the Plaintiffs.
2 Feb 2023

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND ANOTHER

Citation

[2023] HKCFI 304
Court

Court of First Instance
Case number

HCMP243/2021

Defendants were guilty of civil contempt because they failed to comply with the 3rd Orders and the recorded Undertaking by not producing required accounting and supporting documents and by delaying the auditors' accounting adjustments; the requisite mental element was established by attributed knowledge through agents and by defendants' own admissions; penal notices and substituted service were valid and did not defeat committal; sentencing was reserved and indemnity costs ordered nisi.
6 Apr 2022

MORNING RAY INVESTMENT CO LTD v. JINHUI INTERNATIONAL ENTERPRISE LTD

Citation

[2022] HKCFI 926
Court

Court of First Instance
Case number

HCMP1155/2021

The application was dismissed because the applicant had a director with a clear legal right to inspect and copy the company’s documents and failed to explain why that right was not exercised; accordingly the section 740 application was not for a proper purpose (or, in the exercise of discretion, relief should be refused absent good reason for not using the director’s rights). An order nisi was made that Morning Ray pay the Company's costs to be taxed if not agreed.
19 Jan 2017

SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS

Citation

SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS
Court

Court of First Instance
Case number

HCCW198/2016

The court has jurisdiction under s.21L Cap 4 and s.180 Cap 32 to grant an interim order reconstituting the board; in exercise of its discretion the court granted the reconstitution because petitioner demonstrated a good arguable case of unfair prejudice, evidence of exclusion and suspected asset diversion, respondents obstructed inspection and disclosure, the balance of convenience favoured reconstitution over provisional liquidation which could jeopardise contracts, and appropriate safeguards (injunction restraining Zhang and HK$5m bank guarantee) were ordered; the winding-up relief was not…
30 Mar 1995

THE OWNERS OF THE SHIP OR VESSEL"LADY MURIEL" v. TRANSORIENT SHIPPING LTD.

Citation

THE OWNERS OF THE SHIP OR VESSEL"LADY MURIEL" v. TRANSORIENT SHIPPING LTD.
Court

Court of Appeal
Case number

CACV87/1995

The Hong Kong court had jurisdiction under its inherent jurisdiction to grant an interim measure of protection in aid of a foreign arbitration, but such relief should not be granted without the arbitrators' approval unless the applicant satisfies the court that justice necessitates the relief to prevent serious and irreparable harm; the charterers failed to discharge that heavy burden and the inspection order was not justified.
17 Jun 1992

THE "INCHON GLORY"

Citation

THE "INCHON GLORY"
Court

Court of First Instance
Case number

HCAJ117/1992

The ex‑parte order was varied: the court allowed inspection of the vessel and specified navigational documents as relevant and necessary, but discharged the wider paragraphs permitting copying and broad access to documents because plaintiffs had not shown urgency or imminent risk of loss sufficient to justify advance discovery/copying at that stage; plaintiffs failed to prove material cargo damage but did show a good arguable case on indemnity exposure for salvage, justifying limited preservation/inspection but not sweeping document seizure; costs were awarded to defendants for the ex‑parte r…
31 Oct 1983

THE OWNERS OF THE SHIP "DA QING 236" v. THE OWNERS OF THE SHIPS OR VESSELS "GUNUNG KLABAT" AND OTHERS

Citation

THE OWNERS OF THE SHIP "DA QING 236" v. THE OWNERS OF THE SHIPS OR VESSELS "GUNUNG KLABAT" AND OTHERS
Court

Court of First Instance
Case number

HCAJ333/1983

The phrase 'in connection with any issue in the action' in Order 75 r.28 is to be construed broadly to include matters which, on materials available at the hearing, may reasonably be regarded as relevant to probable issues; accordingly an inspection order for specified parts of the defendant vessel and continuation of the injunction until 7:00 p.m. on 2 November 1983 was justified subject to the plaintiffs giving the usual undertaking as to damages.

Hong Kong Case Law

COX KAN, HAY TUNG AMY AND ANOTHER v. JENHON INTERNATIONAL LTD

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND ANOTHER

MORNING RAY INVESTMENT CO LTD v. JINHUI INTERNATIONAL ENTERPRISE LTD

SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS

THE OWNERS OF THE SHIP OR VESSEL"LADY MURIEL" v. TRANSORIENT SHIPPING LTD.

THE "INCHON GLORY"

THE OWNERS OF THE SHIP "DA QING 236" v. THE OWNERS OF THE SHIPS OR VESSELS "GUNUNG KLABAT" AND OTHERS