Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rolling discovery
  • 31 Mar 1999

    SUN YUET TAI LTD. v. BRITISH AMERICAN TOBACCO CO. (HK) LTD.

    Citation
    SUN YUET TAI LTD. v. BRITISH AMERICAN TOBACCO CO. (HK) LTD.
    Court
    Court of First Instance
    Case number
    HCCL281/1996

    Liberty to apply attached to an Order 24 r.7 discovery order is not confined to mere working out of the original order and, coupled with Order 24 r.7, permits further (rolling) discovery by way of additional verifying affidavits where a supporting affidavit establishes prima facie that additional relevant classes of documents may exist in the defendant's possession, custody or power; a verifying affidavit is conclusive only as to classes it covers; formal requirements may be waived where full argument has been heard and no prejudice is shown.