Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Settlement agreement disclosure
  • 8 Oct 2013

    TAIHAN ELECTRIC WIRE CO LTD AND ANOTHER v. LEE CHI YUEN ARCTIC AND OTHERS

    Citation
    TAIHAN ELECTRIC WIRE CO LTD AND ANOTHER v. LEE CHI YUEN ARCTIC AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA454/2013

    The court held that the plaintiffs had deployed the contents of the settlement agreement (including producing a copy at the ex parte stage and relying on its terms in affidavits), thereby waiving privilege to the extent necessary; the settlement agreement is relevant and necessary for the fair disposal of the action (trial) and must be produced at the time for inspection after exchange of lists of documents; however, because the application was made late, production was not ordered for the immediate Mareva injunction hearing. Mr Lau must be given an opportunity to make representations and app…

  • 17 Jul 2009

    AKAI HOLDINGS LTD (in Compulsory Liquidation) v. ERNST & YOUNG (a Hong Kong firm)

    Citation
    AKAI HOLDINGS LTD (in Compulsory Liquidation) v. ERNST & YOUNG (a Hong Kong firm)
    Court
    Court of First Instance
    Case number
    HCCL29/2004

    At this late pre-trial stage the court refused extensive additional discovery that was irrelevant or oppressive and confined orders to documents reasonably germane to the limitation and pleaded issues up to the agreed critical date (19 November 2002). Specific targeted discovery was ordered (including CCB document list, archive listing and materials relating to the eight pleaded transactions), broad requests for time sheets, third-party funding communications and s.221 affidavits were refused on grounds of oppression or privilege, and disclosure of the US Settlement Agreement was ordered subj…