PACIFIC ACE FINANCE LTD v. VILLASFER, ANDRENEE M. AND ANOTHER

PACIFIC ACE FINANCE LTD v. VILLASFER, ANDRENEE M. AND ANOTHER

The summonses were dismissed because the applications were late with inadequate explanations and the documents sought were not relevant to the pleaded defences (the dispute concerned signing dates, not identity or contents), so the merits did not justify granting production; costs were ordered against the applicant.

Citation
[2024] HKDC 1735
Parties
Plaintiff in DCCJ 3298/2018 and DCCJ 3299/2018: Pacific Ace Finance Limited; 1st Defendant in DCCJ 3298/2018 and 2nd Defendant in DCCJ 3299/2018: Gilda H. Delay; 2nd Defendant in DCCJ 3298/2018 and 1st Defendant in DCCJ 3299/2018: Andrenee M. Villasfer
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2024
Case Number
DCCJ3299/2018
Procedural Posture
Civil Actions (district Court) — Applications for Production of Immigration Records Under S47 B(1) and O 24 R 7 a / Pre Trial Stage: Hearing of Late Summons Returnable to Ptr; Decision on 14 October 2024
Outcome
Summonses dismissed; costs awarded to plaintiff
Legal Topics
Production of Documents, Disclosure and Relevance, Late Applications and Delay, Service of Documents, Forgery Allegations, Costs Assessment
Source Language
EN
Civil Procedure Evidence Immigration Law Contract Law Criminal Law Production of Documents Disclosure and Relevance Late Applications and Delay +3 more

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Parties

Pacific Ace Finance Limited

Plaintiff in DCCJ 3298/2018 and DCCJ 3299/2018

Gilda H. Delay

1st Defendant in DCCJ 3298/2018 and 2nd Defendant in DCCJ 3299/2018

Andrenee M. Villasfer

2nd Defendant in DCCJ 3298/2018 and 1st Defendant in DCCJ 3299/2018

Procedural Posture

Civil Actions (district Court) — Applications for Production of Immigration Records Under S47 B(1) and O 24 R 7 a / Pre Trial Stage: Hearing of Late Summons Returnable to Ptr; Decision on 14 October 2024

Legal Issues

  1. 1 Whether a late application for production of Director of Immigration travel records and addresses should be allowed
  2. 2 Whether the requested records and contact information are relevant to the defendants' pleaded defences (alleged falsified dates on promissory notes)
  3. 3 Whether service on the Director of Immigration was effective and whether his absence affects the hearing

Ratio Decidendi

The summonses were dismissed because the applications were late with inadequate explanations and the documents sought were not relevant to the pleaded defences (the dispute concerned signing dates, not identity or contents), so the merits did not justify granting production; costs were ordered against the applicant.

Court Disposition

Summonses dismissed; costs awarded to plaintiff

Orders

  • Summonses in DCCJ 3298/2018 and DCCJ 3299/2018 dismissed
  • Ms Delay to pay plaintiff costs of HK$6,000 in each action forthwith (total HK$12,000) — costs summarily assessed and discounted as noted by the court