Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Stakeholder/escrow duties

Legal area

Court

31 Jul 2012

CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS

Citation

CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS
Court

Court of First Instance
Case number

HCA815/2009

The plaintiff failed to prove inducement by misrepresentation and his evidence was found inherently implausible; the claims based on Warderly, Champ Car, ListCo and China Oil were not established on the facts; Luu's counterclaim likewise failed; Zhong Yi was not found liable on the plaintiff's case and no indemnity/contribution relief was granted against Luu.
19 Jul 2011

CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS

Citation

CHRISTIAN EMIL TOGGENBURGER AND OTHERS v. LUU, HUNG VIET DERRICK AND OTHERS
Court

Court of First Instance
Case number

HCA815/2009

The Court held that plaintiffs had established relevance, existence and sufficient indicia of possession for most requested document classes and that defendants' confidentiality objections could be addressed by redaction; the duty to disclose is independent and continuing so discovery was ordered for specified classes; in-camera HCMA proceedings were not shown to be related and therefore not discoverable; voluntary particulars were refused because they attempted to introduce new causes of action and should have been pursued by formal amendment rather than by voluntary particulars.