XCHRX HO PUI TIN TERENCE v. WAH NAM GROUP LTD.

HCMP 5224/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

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J U D G M E N T

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1. I will hand down the written reasons hopefully within the next day or Monday morning but I would like to indicate now the order I am making on this originating summons.

2. The order I will make is

(1) that the time for service of the originating summons and all relevant evidence thereafter be abridged,

(2) the Plaintiff be at liberty to inspect the following books of account of the Defendant, so far as the same may be in the possession of the Defendant, at the Defendant's registered office:

(a) consolidation working documents and schedules for the consolidated balance sheet and profit and loss account for the financial year ended 31st December 1998;

(b) general ledgers, sub-ledgers, bank books and statements, fixed assets register; payroll records, receipt vouchers, payment vouchers, journal vouchers, and monthly management accounts for the period from 1st January 1998 to present,

during the hours of 9.00 a.m. to 5.00 p.m. on Mondays to Fridays and 9.00 a.m. to 1.00 p.m. on Saturdays save that the company shall not be required to provide for the Plaintiff's inspection any documents which are privileged from production under HCA No.10566/1999, HCA No.6210/1999, HCA No.6211/1999 and HCA No.12439/1999 and that the company shall be entitled to a reasonable time to obtain legal advice on such privilege.