Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Verifying affidavit

  • 29 Jan 2018

    MA (HK) LTD AND ANOTHER v. YEUNG YUK SING AND OTHERS

    Citation
    [2018] HKCFI 158
    Court
    Court of First Instance
    Case number
    HCA1641/2010

    The court held that the Ordered Accounts must reflect the full scope of Au's contractual and fiduciary duty to give proper, complete and accurate accounts and therefore the Draft Order must not be qualified by limiting phrases such as "to the best of [Au's] knowledge"; similarly, Au must exhibit all necessary related invoices, vouchers and supporting documents to the verifying affidavit (not limited by a narrow possession/custody/power formulation). The Draft Order was approved subject to limited agreed amendments and replacement of "related" with "necessary" in specified paragraphs; Au was o…

  • 21 Apr 2017

    ZHI, CHARLES v. SANDMARTIN INTERNATIONAL HOLDINGS LTD AND OTHERS

    Citation
    ZHI, CHARLES v. SANDMARTIN INTERNATIONAL HOLDINGS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW90/2017

    The petition was struck out because it was not supported by the required verifying affidavit, contained serious allegations that were bare and lacking required particulars rendering the petition scandalous, vexatious and an abuse of process, and because the petitioner failed to satisfy the statutory membership requirement under s.179(1)(a) Cap 32; on these grounds dismissal was plain and obvious.

  • 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.