CWG v. MH AND OTHERS

CWG v. MH AND OTHERS

The court found there was prima facie evidence raising serious suspicion that the Offshore Minutes were not signed by R2 on the dates stated and that the provenance of the documents was evasive; balancing the public interest in investigating suspected perjury/serious fraud against confidentiality, the court exercised its discretion under Order 24 r 14A to relax the implied undertaking limitedly to allow the Applicant to provide the Schedule 1 Documents and Browne’s Report to the Hong Kong Police for consideration and possible investigation; R2 was permitted to be heard despite Hadkinson orders on this occasion; costs were awarded to the Applicant against the Husband and/or R2.

Citation
CWG v. MH AND OTHERS
Parties
Applicant: CWG; 1st Respondent: MH; 2nd Respondent: WH; 3rd Respondent: MVF LIMITED; 4th Respondent: WM; 5th Respondent: EH; 6th Respondent: LS LIMITED; 7th Respondent: BM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2016
Case Number
HCMP643/2012
Procedural Posture
Matrimonial Proceedings (part IIA Financial Relief Application) Under S29 Ab, Matrimonial Proceedings and Property Ordinance (cap 192) / Post Trial Interlocutory Application for Leave to Use Disclosed Documents (summons) After Main Judgment and Appeals
Outcome
Leave granted to Applicant to produce and use the Schedule 1 Documents (15 Offshore Minutes and 4 powers of attorney) and Browne’s Report solely for the purpose of providing them to the Hong Kong Police to consider and, if it sees fit, to commence and conduct any investigation; costs awarded to Applicant against the...
Legal Topics
Implied Undertaking on Discovery, Release of Documents to Police, Handwriting Expert Evidence, Authenticity of Documents, Hadkinson Principle, Costs
Source Language
EN
Family Law Civil Procedure Evidence Criminal Procedure Implied Undertaking on Discovery Release of Documents to Police Handwriting Expert Evidence Authenticity of Documents +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

CWG

Applicant

MH

1st Respondent

WH

2nd Respondent

MVF LIMITED

3rd Respondent

WM

4th Respondent

EH

5th Respondent

LS LIMITED

6th Respondent

BM

7th Respondent

Procedural Posture

Matrimonial Proceedings (part IIA Financial Relief Application) Under S29 Ab, Matrimonial Proceedings and Property Ordinance (cap 192) / Post Trial Interlocutory Application for Leave to Use Disclosed Documents (summons) After Main Judgment and Appeals

Legal Issues

  1. 1 Whether the implied undertaking given on discovery should be relaxed to allow the Applicant to pass disclosed documents to the police
  2. 2 Whether there is prima facie evidence of forgery or back-dating of the Schedule 1 Documents
  3. 3 Whether R2 should be permitted to be heard despite Hadkinson orders

Ratio Decidendi

The court found there was prima facie evidence raising serious suspicion that the Offshore Minutes were not signed by R2 on the dates stated and that the provenance of the documents was evasive; balancing the public interest in investigating suspected perjury/serious fraud against confidentiality, the court exercised its discretion under Order 24 r 14A to relax the implied undertaking limitedly to allow the Applicant to provide the Schedule 1 Documents and Browne’s Report to the Hong Kong Police for consideration and possible investigation; R2 was permitted to be heard despite Hadkinson orders on this occasion; costs were awarded to the Applicant against the Husband and/or R2.

Court Disposition

Leave granted to Applicant to produce and use the Schedule 1 Documents (15 Offshore Minutes and 4 powers of attorney) and Browne’s Report solely for the purpose of providing them to the Hong Kong Police to consider and, if it sees fit, to commence and conduct any investigation; costs awarded to Applicant against the...

Orders

  • Leave granted to Applicant to produce and use the Schedule 1 Documents and Browne’s Report for the sole purpose of passing them to the Hong Kong Police for consideration and any investigation the Police sees fit to conduct
  • Husband and/or R2 to jointly and severally pay the Applicant’s costs of and incidental to the Summons with certificate for two Counsel; costs to be summarily assessed and paid forthwith