Wenda Company Limited (a company incorporated in China) v Wang Jihong & Ors

Wenda Company Limited (a company incorporated in China) v Wang Jihong & Ors

The requirements of CPR 31.17 are satisfied; the documents sought are relevant and likely to support the claimant's case. Disclosure is necessary for fair disposal of the claim. The respondent's costs are reasonable and proportionate and should be paid by the claimant in the sum claimed.

Parties
Claimant: 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 / Ruling on Application and Summary Assessment of Costs
Outcome
Application for third party disclosure granted; summary assessment of costs in favour of respondent.
Legal Topics
Third Party Disclosure, Fraud, Invoice Discounting, Costs Assessment
Civil Procedure Commercial Law Third Party Disclosure Fraud Invoice Discounting Costs Assessment

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Parties

Wenda Company Limited

Claimant

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 / Ruling on Application and Summary Assessment of Costs

Legal Issues

  1. 1 Whether third party disclosure should be ordered against HSBC Invoice Finance (UK) Ltd.
  2. 2 Whether the documents sought are likely to support the applicant's case or adversely affect another party's case.
  3. 3 Whether the disclosure is necessary to dispose fairly of the claim or save costs.

Ratio Decidendi

The requirements of CPR 31.17 are satisfied; the documents sought are relevant and likely to support the claimant's case. Disclosure is necessary for fair disposal of the claim. The respondent's costs are reasonable and proportionate and should be paid by the claimant in the sum claimed.

Court Disposition

Application for third party disclosure granted; summary assessment of costs in favour of respondent.

Orders

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