SARAS GOPI ALSO KNOWN AS SARASWATHI GOPALAKRISHNAN v. BINA DEEGAN ALSO KNOWN AS BINA CUNNINGHAM ALSO KNOWN AS BINA GOPI

SARAS GOPI ALSO KNOWN AS SARASWATHI GOPALAKRISHNAN v. BINA DEEGAN ALSO KNOWN AS BINA CUNNINGHAM ALSO KNOWN AS BINA GOPI

The court conducted an item-by-item case management ruling: discovery granted for specific categories (UK wills relevant to jewellery claim but not funds; Withers and certain advisers' correspondence relevant; Indian will relevant; title deeds and nominee forms subject to narrowing; lease/receipts for quantum; discrete ITE share transfer documents and audited financials 2007-present; pleadings/affidavits from prior proceedings); discovery refused for broad bank account statements and sales proceeds documents where Peruvian Guano relevance not established; redacted previously disclosed documents ordered produced except specified items; costs awarded such that Bina pays half the summons costs.

Citation
[2021] HKCFI 1588
Parties
Plaintiff (original Action): Saras Gopi aka Saraswathi Gopalakrishnan; Defendant (original Action): Bina Deegan aka Bina Cunningham aka Bina Gopi; Plaintiff (counterclaim): Bina Deegan aka Bina Cunningham aka Bina Gopi; 1st Defendant (counterclaim): Saras Gopi aka Saraswathi Gopalakrishnan; 2nd Defendant (counterclaim): Subash Gopi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2021
Case Number
HCA3075/2015
Procedural Posture
Civil Action With Interlocutory Discovery Applications / Case Management/discovery Hearing Prior to Trial
Outcome
Order made in terms of the two discovery summonses with specified amendments: paragraph 4 of first summons deleted; schedules amended to reflect item-by-item rulings; paragraph 5 of both summonses amended so Bina entitled to half costs.
Legal Topics
Discovery, Legal Professional Privilege, Relevance of Documents, Beneficial Ownership, Title and Nominee Arrangements, Bank Records, Costs
Source Language
EN
Civil Procedure Probate and Succession Property Law Company Law Trusts Tax Law Discovery Legal Professional Privilege +5 more

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Parties

Saras Gopi aka Saraswathi Gopalakrishnan

Plaintiff (original Action)

Bina Deegan aka Bina Cunningham aka Bina Gopi

Defendant (original Action)

Bina Deegan aka Bina Cunningham aka Bina Gopi

Plaintiff (counterclaim)

Saras Gopi aka Saraswathi Gopalakrishnan

1st Defendant (counterclaim)

Subash Gopi

2nd Defendant (counterclaim)

Procedural Posture

Civil Action With Interlocutory Discovery Applications / Case Management/discovery Hearing Prior to Trial

Legal Issues

  1. 1 Whether each category of requested documents is relevant for discovery
  2. 2 Whether legal professional privilege protects communications between Mother and UK solicitor vis-à-vis daughter
  3. 3 Whether previously redacted disclosed documents should be unredacted

Ratio Decidendi

The court conducted an item-by-item case management ruling: discovery granted for specific categories (UK wills relevant to jewellery claim but not funds; Withers and certain advisers' correspondence relevant; Indian will relevant; title deeds and nominee forms subject to narrowing; lease/receipts for quantum; discrete ITE share transfer documents and audited financials 2007-present; pleadings/affidavits from prior proceedings); discovery refused for broad bank account statements and sales proceeds documents where Peruvian Guano relevance not established; redacted previously disclosed documents ordered produced except specified items; costs awarded such that Bina pays half the summons costs.

Court Disposition

Order made in terms of the two discovery summonses with specified amendments: paragraph 4 of first summons deleted; schedules amended to reflect item-by-item rulings; paragraph 5 of both summonses amended so Bina entitled to half costs.

Orders

  • Order made in terms of the two discovery summonses except paragraph 4 of the first summons deleted
  • Schedules to the summonses to be amended to reflect the court's item-by-item rulings