NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

HCA 51/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 51 OF 2007

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AND

HCA 1040/2009

ACTION NO 1040 OF 2009

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AND

HCA 1041/2009

ACTION NO 1041 OF 2009

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(Heard Together)

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D E C I S I O N

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1.  It is true that discovery is a continuing obligation. However, since the CJR, the courts have endeavoured to make it clear to the parties that the court will not condone late discovery made at the commencement of trial, or at the eve of trial. The CJR introduced measures to ensure early preparation for trial by the parties and the court will rarely exercise its discretion to admit late documents or late evidence, in the absence of exceptional circumstances or unless good reasons exist to allow the late production to ensure the just resolution of the dispute.

2.  In this case, the background of which I have set out in my earlier decision of 6 March 2014 and will not repeat here, no good reason has been advanced by Philip’s camp as to why the late disclosure of the Trust Documents should be permitted for inclusion in the evidence for the trial in January 2015.  Oversight, distraction by other developments in court, are not good reasons.  A mere reminder of the relevant dates should adequately explain the unjustified delay.  The Actions were set down in September 2011, for trial to commence in September 2012 as originally envisaged, pursuant to an order for consolidation made in September 2010.  The last 2 hearings before me took place in February and October 2014.

3.  In any event, Philip’s camp accept that the Trust Documents are not of primary importance and do not directly relate to the issues to be resolved at the trial.  Discovery of documents will only be ordered if they are necessary. I am not satisfied that the Trust Documents are necessary for determination of the remaining issues to be dealt with in January 2015 and at this very late stage, further discovery will not be permitted.

4.  The application for discovery is refused, with costs.