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Hong Kong pre action disclosure

Chen Yue v Arthur Kuan & Ors

[2025] HKCFI 4172
JurisdictionHong Kong
CourtHong Kong Court of First Instance
Year2025
StatusBinding authority

Summary

Pre-action discovery applications can be made within tort and contract gateways under HK procedural rules.

Key Principle

Confirms that pre-action discovery applications can be made within tort and contract gateways.

Area of Law

procedure

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Getswift Ltd v Webb (2022) 276 CLR 553

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UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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