SHAILAIN HIRACHAND JHAVERI t/a KIRAN DIAMONDS v. JAYANTILAL CHUNILAL JHAVERI AND OTHERS

SHAILAIN HIRACHAND JHAVERI t/a KIRAN DIAMONDS v. JAYANTILAL CHUNILAL JHAVERI AND OTHERS

Leave to withdraw the appeal was granted without prejudice to the plaintiff re-applying for a further and better list of documents or for specific discovery; costs of the appeal awarded to the respondents.

Citation
SHAILAIN HIRACHAND JHAVERI t/a KIRAN DIAMONDS v. JAYANTILAL CHUNILAL JHAVERI AND OTHERS
Parties
Plaintiff/appellant: SHAILAIN HIRACHAND JHAVERI trading as KIRAN DIAMONDS; 1st Defendant: JAYANTILAL CHUNILAL JHAVERI; 2nd Defendant: SUNANDA JAYANTILAL JHAVERI; 3rd Defendant: NAYNA JAYANTILAL JHAVERI; 4th Defendant: KASHMIRA JAYANTILAL JHAVERI; 5th Defendant: GEM EAST CORPORATION (a partnership)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 1989
Case Number
HCA1237/1988
Procedural Posture
High Court Civil Appeal Against Master's Discovery Decision / Hearing/decision on Application for Production of Further Documents and Withdrawal of Appeal
Outcome
Appeal withdrawn with leave and without prejudice to the plaintiff re-applying for a further and better list of documents or for specific discovery; costs awarded to respondents
Legal Topics
List of Documents, Further and Better List, Specific Discovery, Withdrawal of Appeal, Costs
Source Language
EN
Civil Procedure Discovery Evidence List of Documents Further and Better List Specific Discovery Withdrawal of Appeal Costs

Case Brief

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Parties

SHAILAIN HIRACHAND JHAVERI trading as KIRAN DIAMONDS

Plaintiff/appellant

JAYANTILAL CHUNILAL JHAVERI

1st Defendant

SUNANDA JAYANTILAL JHAVERI

2nd Defendant

NAYNA JAYANTILAL JHAVERI

3rd Defendant

KASHMIRA JAYANTILAL JHAVERI

4th Defendant

GEM EAST CORPORATION (a partnership)

5th Defendant

Procedural Posture

High Court Civil Appeal Against Master's Discovery Decision / Hearing/decision on Application for Production of Further Documents and Withdrawal of Appeal

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order for a further and better list of documents or specific discovery
  2. 2 Whether the appeal should be allowed to be withdrawn without prejudice to re-apply for discovery
  3. 3 Whether an adjournment pending reconsideration of documents is appropriate

Ratio Decidendi

Leave to withdraw the appeal was granted without prejudice to the plaintiff re-applying for a further and better list of documents or for specific discovery; costs of the appeal awarded to the respondents.

Court Disposition

Appeal withdrawn with leave and without prejudice to the plaintiff re-applying for a further and better list of documents or for specific discovery; costs awarded to respondents

Orders

  • Leave granted to the plaintiff to withdraw the appeal and the appeal be withdrawn
  • Withdrawal of the appeal without prejudice to the plaintiff re-applying for a further and better list of documents or specific documents before the Master