Hong Kong Case Law: Decisions & Judgments

Topic

Suppression of documents

Legal area

Court

25 May 2006

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS

Citation

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS
Court

Court of Appeal
Case number

CACV359/2005

The Court dismissed the appeal and affirmed the judge's refusal to strike out: defendants failed to discharge the burden of showing deliberate suppression of discovery or that the non-disclosure made a fair trial impossible; the plaintiff's affirmations provided an acceptable explanation that could not properly be rejected without cross-examination; absence of any peremptory/unless order increased the hurdle for striking out and the judge acted within his discretion.
16 Sept 1999

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS

Citation

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS
Court

Court of Final Appeal
Case number

FACV25/1998

The judge refused to direct a preliminary hearing because attacks on concurrent findings are generally unsuitable for preliminary hearings and the Court can control hopeless arguments within the main hearing; the judge fixed the hearing at 15 working days and ordered that the costs of the directions application be costs in the fraudulent trading appeal (FACV No.27 of 1998).
22 Feb 1995

IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS

Citation

IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS
Court

Court of First Instance
Case number

HCA6861/1993

Given the cumulative special and unusual features — unjustified ex parte Mareva relief maintained without inter partes justification, gross miscalculation of amount restrained, concealment of the true source of security funds, repeated delay and defaults, deliberate suppression and non-disclosure of material documents and misleading evidence — the court exercised its discretion under O.62 r.28(3) to award costs on an indemnity basis to the defendants in both actions, including costs of related summonses.
2 Nov 1987

THE YIEN YIEH COMMERCIAL BANK LTD v. KWAI CHUNG COLD STORAGE CO LTD

Citation

THE YIEN YIEH COMMERCIAL BANK LTD v. KWAI CHUNG COLD STORAGE CO LTD
Court

Court of First Instance
Case number

HCCL22/1984

The go-down warrant's clause requiring endorsement by the party "entitled" created a condition precedent to perfecting any immediate right to possession by the plaintiffs; no such endorsement was obtained, so plaintiffs never had an immediate possessory title and therefore could not maintain an action in conversion; judgment entered for the defendants.

Hong Kong Case Law

LDB SALES CO LTD v. GERMAIN ELECTRONIC LTD AND OTHERS

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS

IMAGE TECHNOLOGY (HONG KONG) LTD and OTHERS v. HO YING CHEONG and OTHERS

THE YIEN YIEH COMMERCIAL BANK LTD v. KWAI CHUNG COLD STORAGE CO LTD