XCHRX NG YAT CHI v. MAX SHARE LTD. AND ANOTHER

HCCW321/1996

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 321 of 1996

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R U L I N G

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1. This is an application for an unless order on the part of the Petitioner that unless certain documents are produced the affidavits of the Respondents be struck out. This application has been made in a case where the affidavits have been ordered to stand as evidence.

2. The Petitioner made the first request for these documents on 12th January 1999. This was at a time when the accounting expert for the Respondents, Mr. Best, was away from Hong Kong. He did not return to Hong Kong until 26th January but this summons had already been issued on 25th January. Indeed, Miss Dicks for the Respondents informed the court that the Respondents' solicitors were unable to contact Mr. Best until 29th January 1999, so that accounts for a substantial period of the time that has elapsed.

3. There is apparently a dispute between the parties as to what documents should be disclosed as having been referred to in the affidavits, and the Respondents' solicitors say that time is necessary to classify them because the documents run into the thousands, and include individual entries in the accounting documents.

4. I am persuaded that this is not a case where an Order 24 Rule 10 notice can be issued within the time set out in Order 24 Rule 10(2), and Mr. Yip appearing for the Petitioner accepts that the Court does have jurisdiction to extend time for the issue of that notice.

5. The Respondents' solicitors have now suggested that they would produce those documents to which there is no objection by 15th February 1999, and they would also by that date issue the Order 24 Rule 10 notice so as to indicate what documents they have objection to providing.

6. It seems to me that, in all the circumstances referred to above, that is acceptable. Therefore, I would adjourn the hearing of this summons until a date after 15th February 1999. In relation to costs, I shall hear the parties now.