Hong Kong Case Law: Decisions & Judgments

Topic

Relevance and necessity for discovery

Legal area

Court

25 Apr 2024

MAXFUL SAIL LTD v. YAU CHUNG WO JEREMIAH AND ANOTHER

Citation

[2024] HKCFI 1140
Court

Court of First Instance
Case number

HCA2003/2019

The summons for specific discovery was refused because the documents sought were not necessary to dispose fairly of the dispute about the Assignment's validity, were only marginally relevant at best, amounted to a fishing expedition directed to credit/credibility rather than to matters which required production, and it was too late in the proceedings to challenge locus; accordingly discovery would be disproportionate and unnecessary and costs were awarded to the plaintiff.
31 May 2007

CSAV GROUP (HONG KONG) LTD AND ANOTHER v. JAMSHED SAFDAR

Citation

CSAV GROUP (HONG KONG) LTD AND ANOTHER v. JAMSHED SAFDAR
Court

Court of Appeal
Case number

CACV55/2007

The Court allowed the appeal and held that the order requiring further and better list and affidavit in respect of the hard drive and the broad classes 2, 3 and 4 was not justified because relevance was at best peripheral, discovery was unnecessary for fair disposal or saving costs, the classes were overbroad and vague, and plaintiffs already possessed the primary records; accordingly discovery of the hard drive and those classes was not ordered and costs were to be paid by the plaintiffs nisi to the defendant.
9 Jul 2001

PCCW-HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.

Citation

PCCW-HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.
Court

Court of First Instance
Case number

HCCL229/1999

The court dismissed the applicants' summons because the 10 documents were shown to be relevant and necessary for the fair determination of the case and the applicants failed to establish that the documents contained protectable trade secrets or current sensitive confidential information; moreover the implied and express undertakings and the age/discontinued nature of the practices reduced any confidentiality weight, so uncontrolled inspection by the plaintiff was permitted and the application for controlled disclosure was refused.

Hong Kong Case Law

MAXFUL SAIL LTD v. YAU CHUNG WO JEREMIAH AND ANOTHER

CSAV GROUP (HONG KONG) LTD AND ANOTHER v. JAMSHED SAFDAR

PCCW-HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.