KOREA LIFE INSURANCE CO., LTD AND ANOTHER v. MORGAN GUARANTY TRUST CO. OF NEW YORK

KOREA LIFE INSURANCE CO., LTD AND ANOTHER v. MORGAN GUARANTY TRUST CO. OF NEW YORK

The court dismissed the appeal and refused leave to withdraw because no cogent reason was shown to permit withdrawal when the examination had already commenced, the issues arising from the examination did not bear on the Master's decision, and, on the merits, the appeal would be dismissed.

Citation
KOREA LIFE INSURANCE CO., LTD AND ANOTHER v. MORGAN GUARANTY TRUST CO. OF NEW YORK
Parties
Appellant: Chang Hyun Chi; Respondents: Korea Life Insurance Co. Ltd & Morning Glory Investment (L) Ltd; Interested Party: Diamond Investment (L) Limited and others
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2000
Case Number
HCMP4855/2000
Procedural Posture
Judicial Assistance/examination Pursuant to Letter of Request; Appeal Against Interlocutory Master’s Order / Appeal to Court of First Instance From Master's Dismissal of Summons to Adjourn Examination
Outcome
Appeal dismissed
Legal Topics
Letters Rogatory, Examination for Foreign Proceedings, Adjournment of Examination, Withdrawal of Appeal, Privilege/fifth Amendment Issues
Source Language
EN
Civil Procedure International Judicial Assistance Evidence Law Letters Rogatory Examination for Foreign Proceedings Adjournment of Examination Withdrawal of Appeal Privilege/fifth Amendment Issues

Case Brief

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Parties

Chang Hyun Chi

Appellant

Korea Life Insurance Co. Ltd & Morning Glory Investment (L) Ltd

Respondents

Diamond Investment (L) Limited and others

Interested Party

Procedural Posture

Judicial Assistance/examination Pursuant to Letter of Request; Appeal Against Interlocutory Master’s Order / Appeal to Court of First Instance From Master's Dismissal of Summons to Adjourn Examination

Legal Issues

  1. 1 Whether the examination ordered under the US Letter of Request should be adjourned
  2. 2 Whether the appellant should be granted leave to withdraw the appeal rather than have it dismissed
  3. 3 Whether issues arising from the examination (including reliance on the US Fifth Amendment) affect the Master’s prior decision

Ratio Decidendi

The court dismissed the appeal and refused leave to withdraw because no cogent reason was shown to permit withdrawal when the examination had already commenced, the issues arising from the examination did not bear on the Master's decision, and, on the merits, the appeal would be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Notice of Appeal dismissed
  • Costs to be paid by the applicant Chang Hyun Chi to be taxed if not agreed