Hong Kong Case Law: Decisions & Judgments

Topic

Post-judgment discovery

Legal area

Court

25 Feb 2025

KWOK LAM KUK AND ANOTHER v. The personal representative of YIP WAI MING KAVIN, deceased

Citation

[2025] HKDC 188
Court

District Court
Case number

DCCJ3309/2021

The court held the post‑judgment discovery of HSBC banking records was unnecessary because the surplus proceeds of the mortgagee sale are prima facie an equitable debt held by HSBC (constructive trust) and therefore attachable by garnishee proceedings under Order 49; the court accordingly seized jurisdiction, granted leave to withdraw the discovery summons and granted the garnishee order nisi against HSBC in the terms of the parties' amended draft subject to the plaintiffs filing an affirmation of outstanding indebtedness within seven days. The plaintiffs' delay and failure to register a char…
21 Oct 2024

OLDHAM, LI & NIE, SOLICITORS (A FIRM) v. MELVIN WAXMAN AND ANOTHER

Citation

[2024] HKCFI 2963
Court

Court of First Instance
Case number

HCA263/2023

The court granted the plaintiff's application: it ordered the 1st defendant to produce specified financial and board/shareholder documents relating to WDI within 21 days; if the 1st defendant failed to comply, WDI was ordered to produce the documents within 21 days thereafter; costs orders were made against the plaintiff (to pay WDI costs of the application) and against the 1st defendant (to pay the plaintiff's costs).
27 Sept 2022

A v. R1 AND ANOTHER

Citation

[2022] HKCFI 3012
Court

Court of First Instance
Case number

HCMP1062/2022

On the facts there was a real possibility that R1 and R2 had been mixed up in B's scheme to frustrate enforcement because transfers through their Hong Kong accounts temporally coincided with account openings and closures abroad and the misappropriation established in the Country X judgment; disclosure would likely yield substantial and worthwhile information enabling enforcement of the foreign judgment and any detriment to the banks was minimal, therefore a Norwich Pharmacal order should be granted in the terms of the draft order with modifications.
21 Jun 2022

LEUNG PING CHIU, ROY appointed by Order dated 12th May 2020 to represent the ESTATE OF YANG FOO-OI, since deceased v. WAI WAI CHEN

Citation

[2022] HKCFI 1897
Court

Court of First Instance
Case number

HCA1739/2010

The court accepted the Expert's assessment that the additional accounting and company documents (items 6-15) were necessary and likely readily available, rejected the defendants' objections that production would be unduly burdensome, confidential or legally impermissible for tracing purposes, and ordered disclosure to the Expert and service on the plaintiff within a fixed period; the implied undertaking and procedural safeguards suffice to protect third-party confidentiality and prevent collateral use.
21 Jan 2022

GAIN EAST INVESTMENT LTD v. CHAN PO WING

Citation

[2022] HKCA 156
Court

Court of Appeal
Case number

CACV8/2020

The Court held that the contemporaneous Cash Cheque and signed Receipt established receipt of the HK$400,000 and rendered the defendant's contrary pleaded account unbelievable; the breaches of the Money Lenders Ordinance identified did not, on the evidence, render the transaction extortionate or unenforceable beyond the concession to exclude HK$9,500; the plaintiff's licensing evidence was sufficient; summary judgment was therefore appropriate subject to adjustment of the principal and interest calculation (starter principal reduced to HK$1,890,500; contractual interest applied for the loan t…
14 May 2020

PALOMA CO LTD v. CAPXON ELECTRONIC INDUSTRIAL CO LTD

Citation

[2020] HKCFI 755
Court

Court of First Instance
Case number

HCCT53/2017

The Disclosure Summons was allowed because Paloma established a legitimate need for the Lancom and broader Capxon financial disclosures to enforce an unsatisfied award (99% outstanding), there were suspicious transfers of Lancom-held shares shortly after the award with unexplained cash consideration and no supporting documents, and the information already disclosed (Updated Balance Sheet and Property Inventory) was inadequate for valuation and sale preparations. The court found it just and convenient to order the disclosure sought, with specified threshold and timing amendments (HK$100,000 th…
24 Aug 2017

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1433/2017

The Court of Appeal held the court has jurisdiction to order post-judgment discovery to enable an informed election between equitable compensation and an account of profits; the judge did not err in exercising his discretion to order post-judgment discovery and to appoint a court expert; issue estoppel did not bar the application; accordingly leave to appeal was refused and costs were awarded against the 1st Defendant.
6 Jun 2017

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI by LEUNG PING CHIU, ROY her next friend v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

Leave to appeal was dismissed because no reasonably arguable ground was shown; the court has jurisdiction to order post-judgment discovery to enable election between equitable remedies where complexity requires it; appointment of an independent expert was appropriate; the discovery sought was not barred by functus officio or estoppel; and the stay was dismissed for lack of merit and to avoid prejudicing a plaintiff in poor health.
3 Apr 2017

YANG FOO-OI BY LEUNG PING CHIU, ROY HER NEXT FRIEND v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI BY LEUNG PING CHIU, ROY HER NEXT FRIEND v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

Court granted certificate for three counsel, permitted defendant to pay estimated equitable compensation into court to halt post-judgment interest on agreed terms, and ordered limited post-judgment disclosure of such information as is available and reasonably required to enable the plaintiff to make an informed election between equitable compensation and account of profits; full account-of-profits discovery was refused as oppressive and the court will consider appointing an independent expert to define the necessary scope.