CHARM MASTER INTERPRISES LTD v. GRAND T G GOLD HOLDINGS LTD AND ANOTHER

CHARM MASTER INTERPRISES LTD v. GRAND T G GOLD HOLDINGS LTD AND ANOTHER

The Court held that the 2019 statutory declaration must be excluded unless its maker, Robin Lee, attends for cross-examination because statutory declarations made to support litigation are treated like affirmations and subject to Order 38; the 2 May 2008 letter is a historical document whose admissibility is not dependent on Robin Lee's attendance; leave to amend the defence and counterclaim and to file the 2nd supplemental witness statement was granted because the proposed Separate Agreement amendments were not bound to fail and were relevant to determining entitlement to the sums paid into court; the court can determine factual issues affecting a non-party but cannot grant personal...

Citation
[2022] HKCFI 1408
Parties
Plaintiff: CHARM MASTER INTERPRISES LIMITED; 1st Defendant: GRAND T G GOLD HOLDINGS LIMITED; 2nd Defendant: J THOMSON ASSET INVESTMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2022
Case Number
HCA397/2011
Procedural Posture
Interpleader Action / Case Management Conference / Pre Trial
Outcome
Plaintiff's application partly allowed: statutory declaration excluded unless maker attends; application to compel D2 to secure attendance refused; D2's applications to amend and to file supplemental witness statement allowed with conditions and directions and costs orders on a nisi basis.
Legal Topics
Statutory Declaration, Hearsay Evidence, Subpoena, Order 38 Rules, Amendment of Pleadings, Letters of Acknowledgment, Promissory Notes, Costs
Source Language
EN
Interpleader Trusts Evidence Civil Procedure Pleadings and Amendments Contract Statutory Declaration Hearsay Evidence +6 more

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Parties

CHARM MASTER INTERPRISES LIMITED

Plaintiff

GRAND T G GOLD HOLDINGS LIMITED

1st Defendant

J THOMSON ASSET INVESTMENT LIMITED

2nd Defendant

Procedural Posture

Interpleader Action / Case Management Conference / Pre Trial

Legal Issues

  1. 1 Existence and scope of alleged trust over notes
  2. 2 Beneficial entitlement to HK$12,000,000 versus HK$12,500,000
  3. 3 Authenticity of signature on 2 May 2008 letter

Ratio Decidendi

The Court held that the 2019 statutory declaration must be excluded unless its maker, Robin Lee, attends for cross-examination because statutory declarations made to support litigation are treated like affirmations and subject to Order 38; the 2 May 2008 letter is a historical document whose admissibility is not dependent on Robin Lee's attendance; leave to amend the defence and counterclaim and to file the 2nd supplemental witness statement was granted because the proposed Separate Agreement amendments were not bound to fail and were relevant to determining entitlement to the sums paid into court; the court can determine factual issues affecting a non-party but cannot grant personal...

Court Disposition

Plaintiff's application partly allowed: statutory declaration excluded unless maker attends; application to compel D2 to secure attendance refused; D2's applications to amend and to file supplemental witness statement allowed with conditions and directions and costs orders on a nisi basis.

Orders

  • Unless Robin Lee attends for cross-examination his Statutory Declaration dated 13 March 2019 shall be excluded from evidence
  • No order compelling D2 to secure the attendance of Robin Lee; D2 may apply for a subpoena if necessary