Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Knowing and dishonest assistance

Legal area

Court

3 Dec 2004

APP INTERNATIONAL TRADING (V) LTD v. APP (HONG KONG) LTD

Citation

APP INTERNATIONAL TRADING (V) LTD v. APP (HONG KONG) LTD
Court

Court of First Instance
Case number

HCA3915/2003

The court held the interim stay did not preclude service of an Order 24 notice or interlocutory steps taken pursuant to the stay application; the accounts and records referred to in APP(Hong Kong)'s reply affirmation are relevant to issues in both the stay application and the sanction of the scheme and therefore discovery is warranted; the implied undertaking rule does not prevent ordering disclosure of documents referred to in an affidavit; accordingly discovery was ordered in both proceedings subject to timing and other directions.
3 Dec 2004

RE APP (HONG KONG) LTD

Citation

RE APP (HONG KONG) LTD
Court

Court of First Instance
Case number

HCMP2420/2004

The court granted both discovery applications and was prepared to lift the interim stay for the limited purpose of permitting discovery because the documents were specifically referred to in APP (Hong Kong)'s reply affirmation, were relevant to the stay application and to the merits/administration of APPIT (V)'s claim under the proposed scheme, and APPIT (V) had no adequate alternative means to obtain the material; the implied undertaking did not prevent disclosure of documents referred to in affidavit under Order 24 rule 10.