SILVERLINK (HONG KONG) FINANCE LTD v. ZHANG SABINE SOI FAN AND OTHERS

SILVERLINK (HONG KONG) FINANCE LTD v. ZHANG SABINE SOI FAN AND OTHERS

The court exercised discretion to allow the 3rd defendant to amend its defence to plead contributory negligence and causation particulars because those matters are relevant to negligent misrepresentation and causation; specific discovery from the plaintiff of targeted documents concerning funding arrangements and due diligence was ordered as necessary and prima facie in the plaintiff's possession; production of remaining draft security documents was refused as unnecessary and unlikely to affect outcome; a number of interrogatories were ordered to be withdrawn as fishing or unnecessary while others directly relevant to the disputes were ordered to stand; costs were generally reserved...

Citation
SILVERLINK (HONG KONG) FINANCE LTD v. ZHANG SABINE SOI FAN AND OTHERS
Parties
Plaintiff (original Action): Silverlink (Hong Kong) Finance Limited; 1st Defendant (original Action) / 1st Plaintiff (counterclaim): Zhang Sabine Soi Fan; 2nd Defendant (original Action): Goldman Sachs International; 3rd Defendant (original Action): Goldman Sachs (Asia) L.L.C.; 2nd Plaintiff (counterclaim): Fortune Bell Venture Limited; 3rd Plaintiff (counterclaim): Sabine Enterprises Limited; 1st Defendant (counterclaim) / Corporate Affiliate Noted: China Merchants Bank; 3rd Defendant (counterclaim): Ocean Capital Limited; 4th Defendant (counterclaim) / Officer of Plaintiff: Wang Dawei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2003
Case Number
HCA2783/1998
Procedural Posture
Civil Action Involving Contract, Negligence, Misrepresentation and Fiduciary Claims / Interlocutory/chambers Hearing on Multiple Summonses (amendment, Specific Discovery, Production, Interrogatories) Prior to Trial
Outcome
Amendment allowed in part; specific discovery ordered; production application dismissed in part; interrogatories partly struck out and partly ordered to stand; costs reserved (nisi) and allocated to follow the event as specified
Legal Topics
Amendment of Pleadings, Contributory Negligence, Specific Discovery (peruvian Guano), Production of Documents, Interrogatories (order 26), Causation, Privilege
Source Language
EN
Contract Tort Negligence Fraud and Misrepresentation Fiduciary Duty Civil Procedure Discovery and Disclosure Amendment of Pleadings +6 more

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Parties

Silverlink (Hong Kong) Finance Limited

Plaintiff (original Action)

Zhang Sabine Soi Fan

1st Defendant (original Action) / 1st Plaintiff (counterclaim)

Goldman Sachs International

2nd Defendant (original Action)

Goldman Sachs (Asia) L.L.C.

3rd Defendant (original Action)

Fortune Bell Venture Limited

2nd Plaintiff (counterclaim)

Sabine Enterprises Limited

3rd Plaintiff (counterclaim)

China Merchants Bank

1st Defendant (counterclaim) / Corporate Affiliate Noted

Ocean Capital Limited

3rd Defendant (counterclaim)

Wang Dawei

4th Defendant (counterclaim) / Officer of Plaintiff

Procedural Posture

Civil Action Involving Contract, Negligence, Misrepresentation and Fiduciary Claims / Interlocutory/chambers Hearing on Multiple Summonses (amendment, Specific Discovery, Production, Interrogatories) Prior to Trial

Legal Issues

  1. 1 Whether the 3rd defendant should be permitted to amend its defence to plead contributory negligence and causation particulars
  2. 2 Whether specific discovery by the plaintiff of documents relating to funding arrangements with China Merchants Bank and due diligence is necessary and proportionate
  3. 3 Whether production of certain draft loan/security documents should be ordered

Ratio Decidendi

The court exercised discretion to allow the 3rd defendant to amend its defence to plead contributory negligence and causation particulars because those matters are relevant to negligent misrepresentation and causation; specific discovery from the plaintiff of targeted documents concerning funding arrangements and due diligence was ordered as necessary and prima facie in the plaintiff's possession; production of remaining draft security documents was refused as unnecessary and unlikely to affect outcome; a number of interrogatories were ordered to be withdrawn as fishing or unnecessary while others directly relevant to the disputes were ordered to stand; costs were generally reserved...

Court Disposition

Amendment allowed in part; specific discovery ordered; production application dismissed in part; interrogatories partly struck out and partly ordered to stand; costs reserved (nisi) and allocated to follow the event as specified

Orders

  • Leave granted to the 3rd defendant to amend its defence to include paragraph 32 as amended (contributory negligence particulars)
  • Order for specific discovery by the plaintiff in terms of the 3rd defendant's discovery summons (documents relating to plaintiff's relationship with China Merchants Bank, credit approval materials, due diligence records and related documents) with further affidavits to confirm completeness where required