ANGELA CHEN also known as ANGELA C. SABELLA v. VIVIEN CHEN AND ANOTHER

ANGELA CHEN also known as ANGELA C. SABELLA v. VIVIEN CHEN AND ANOTHER

The court exercised its discretion to uphold the ex parte order and grant assistance under the Letter of Request because the omitted facts were not material to whether Vivien should be ordered to testify on matters spanning from 1995 to present; the relevance of Vivien's evidence is primarily for the California...

Source-derived case information.

Citation
ANGELA CHEN also known as ANGELA C. SABELLA v. VIVIEN CHEN AND ANOTHER
Parties
Applicant: Angela Chen also known as Angela C. Sabella; 1st Respondent: Vivien Chen; 2nd Respondent: Sai Wo Enterprises Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2011
Case Number
HCMP1478/2011
Procedural Posture
International Judicial Assistance Under Part VIII of the Evidence Ordinance (letters of Request) / Application to Set Aside Ex Parte Order Granting Assistance to Foreign Court; Pre Trial Interim Proceedings
Outcome
Application to set aside the Order dismissed; the Order of Master Hui dated 5 September 2011 upheld insofar as it concerns the 1st Respondent
Legal Topics
Letters Rogatory, Part VIII Evidence Ordinance, Order 70 RHC, Duty of Full and Frank Disclosure in Ex Parte Applications, Third Party Discovery, Abuse of Process
Source Language
en
Civil Procedure Evidence International Judicial Assistance Conflict of Laws Letters Rogatory Part VIII Evidence Ordinance Order 70 RHC Duty of Full and Frank Disclosure in Ex Parte Applications +2 more

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Parties

Angela Chen also known as Angela C. Sabella

Applicant

Vivien Chen

1st Respondent

Sai Wo Enterprises Limited

2nd Respondent

Procedural Posture

International Judicial Assistance Under Part VIII of the Evidence Ordinance (letters of Request) / Application to Set Aside Ex Parte Order Granting Assistance to Foreign Court; Pre Trial Interim Proceedings

Legal Issues

  1. 1 Whether the Hong Kong court should give effect to a California letter of request to compel testimony and documents in Hong Kong
  2. 2 Whether the applicant's non-disclosure of the father's mental incapacity and appointment of a committee (and medical reports) vitiated the ex parte order
  3. 3 Whether the evidence sought was irrelevant or an abuse of process

Ratio Decidendi

The court exercised its discretion to uphold the ex parte order and grant assistance under the Letter of Request because the omitted facts were not material to whether Vivien should be ordered to testify on matters spanning from 1995 to present; the relevance of Vivien's evidence is primarily for the California court; any non-disclosure was not deliberate nor seriously prejudicial and setting aside the order would risk miscarriage of justice by depriving the foreign court of potentially important evidence.

Court Disposition

Application to set aside the Order dismissed; the Order of Master Hui dated 5 September 2011 upheld insofar as it concerns the 1st Respondent

Orders

  • Application to set aside dismissed
  • Order of Master Hui dated 5 September 2011 upheld insofar as it concerns the 1st Respondent