In this Hong Kong decision from 2017, the liquidator in winding up proceedings was given leave to seek expert determination. A list of questions provided was deemed too vague, and the court suggested that the liquidator was using the exercise as an attempt to fish for evidence.

“The Court considered the proposed list of expert questions submitted by the liquidator in light of the following basic principles:

The Court made clear that the liquidator’s proposed questions fell significantly short of these standards. In particular, the Court found that the liquidator was hampered by its failure to adequately set out the factual evidence in its affidavit, resulting in an over-reliance on the expert report to make its case. It noted that “this is putting the cart before the horse. A party cannot fish for evidence under the disguise of putting the other party to strict proof or seeking to adduce expert evidence on non-issues.”

To see an article on the case, click here.

To see the original judgment, click here.