19 Oct 2023
MCYP v. CWYW
- Citation
- [2023] HKCA 1196
- Court
- Court of Appeal
- Case number
- CACV413/2022
The Court of Appeal held the Judge erred to dismiss the summons solely because FY's unsigned notes were treated as inadmissible under Order 38 r.37C(1); those notes were admissible at the interlocutory application stage and s.47(1) Evidence Ordinance meant absence of objection defeated exclusion. On the merits, the necessity threshold for non-party discovery was not met for broad, intrusive requests or for documents of a listed company, but was met in a limited and proportionate way: detailed breakdowns of liabilities (Category 1) were rejected; discovery of non-current asset valuation materi…