Wenda Company Ltd v Wang Jihong & Ors [2022] EWHC 1716 (Comm) (10 June 2022)

Wenda Company Ltd v Wang Jihong & Ors [2022] EWHC 1716 (Comm) (10 June 2022)

The requirements for third party disclosure under CPR 31.17 are satisfied as the documents sought are relevant and necessary for the fair disposal of the claim. The respondent's costs are reasonable and proportionate and should be paid by the claimant in the amount claimed.

Citation
[2022] EWHC 1716 (Comm)
Parties
Claimant / Applicant: Wenda Company Limited; Defendant: Wang Jihong; Defendant: Syner Limited; Defendant: Effs Global Investment Co. Ltd.; Defendant: Roland Frederick Petit; Respondent: HSBC Invoice Finance (UK) Ltd.
Jurisdiction
England and Wales
Judgment Date
10 June 2022
Procedural Posture
Application for Third Party Disclosure / Hearing and Summary Assessment of Costs
Outcome
Application for third party disclosure granted; costs assessed and ordered to be paid by the claimant.
Legal Topics
Third Party Disclosure, Invoice Discounting, Fraud, Costs Assessment
Civil Procedure Commercial Law Third Party Disclosure Invoice Discounting Fraud Costs Assessment

Case Brief

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Parties

Wenda Company Limited

Claimant / Applicant

Wang Jihong

Defendant

Syner Limited

Defendant

Effs Global Investment Co. Ltd.

Defendant

Roland Frederick Petit

Defendant

HSBC Invoice Finance (UK) Ltd.

Respondent

Procedural Posture

Application for Third Party Disclosure / Hearing and Summary Assessment of Costs

Legal Issues

  1. 1 Whether third party disclosure should be ordered against HSBC Invoice Finance (UK) Ltd under CPR 31.17
  2. 2 Whether the costs claimed by the respondent are reasonable and proportionate

Ratio Decidendi

The requirements for third party disclosure under CPR 31.17 are satisfied as the documents sought are relevant and necessary for the fair disposal of the claim. The respondent's costs are reasonable and proportionate and should be paid by the claimant in the amount claimed.

Court Disposition

Application for third party disclosure granted; costs assessed and ordered to be paid by the claimant.

Orders

  • Order for third party disclosure against HSBC Invoice Finance (UK) Ltd as sought by the claimant.
  • Claimant to pay the respondent's costs summarily assessed at £7,097.26.