Hong Kong Case Law: Decisions & Judgments

Topic

Interlocutory discovery

Legal area

Court

18 Sept 2007

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDINGS LTD AND OTHERS

Citation

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP769/2002

The defence succeeded in the discovery application; the court will not investigate the plaintiff's motivations for consenting to disclose documents; there is no reason to defer a costs ruling and the normal rule that costs follow the event applies, so costs are awarded to the defendants with a certificate for two counsel (naming Messrs Strachan and Chow).
1 Feb 2000

CABLE & WIRELESS HKT TELEPHONE LTD. AND ANOTHER v. CITY TELECOM (H.K.) LTD.

Citation

CABLE & WIRELESS HKT TELEPHONE LTD. AND ANOTHER v. CITY TELECOM (H.K.) LTD.
Court

Court of Appeal
Case number

CACV197/1999

The appeal was dismissed because the defendant failed to establish at this interlocutory stage a sufficient likelihood that discovery would be misused to justify a split trial; overlapping relevance of documents to liability and damages and availability of confidentiality safeguards make a split trial unnecessary, and the trial judge's discretionary case management decision should not be disturbed absent error of principle or clear wrong.
15 Jun 1998

YOUNG ARTIST INTERNATIONAL LTD. v. MYKIDS TOY MANUFACTURING CO. LTD. AND OTHERS

Citation

YOUNG ARTIST INTERNATIONAL LTD. v. MYKIDS TOY MANUFACTURING CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA6557/1998

There was a serious question to be tried that the 1st Defendant (and the 3rd acting as its agent) had substantially or almost exactly reproduced the Plaintiff's design and technical drawings for specified exhibits (LYL-7 to LYL-11 and identified modified items). On the balance of convenience and given the Plaintiff's turnover and market development, damages would be inadequate while defendants could be compensated if necessary; accordingly an interlocutory injunction was granted against the 1st and 3rd Defendants. The 2nd Defendant was not pursued for lack of evidence. Interlocutory discovery…
24 Jul 1985

COMPUTERLAND CORPORATION v. YEW SENG COMPUTER PTE. LTD. AND OTHERS

Citation

COMPUTERLAND CORPORATION v. YEW SENG COMPUTER PTE. LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV98/1985

The appeal is allowed and the paragraph of the interlocutory order permitting unrestricted use of affidavits, documents and information (including for use abroad) is struck out because Norwich Pharmacal did not properly apply: the disclosure sought was not necessary at this interlocutory stage, ordinary discovery would suffice later, and the order as made was an unauthorized and potentially abusive extension of the Norwich Pharmacal principle.

Hong Kong Case Law

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDINGS LTD AND OTHERS

CABLE & WIRELESS HKT TELEPHONE LTD. AND ANOTHER v. CITY TELECOM (H.K.) LTD.

YOUNG ARTIST INTERNATIONAL LTD. v. MYKIDS TOY MANUFACTURING CO. LTD. AND OTHERS

COMPUTERLAND CORPORATION v. YEW SENG COMPUTER PTE. LTD. AND OTHERS