SHANGHAI COMMERCIAL BANK LTD v. CHANG YUAN TA GRANT AND ANOTHER

SHANGHAI COMMERCIAL BANK LTD v. CHANG YUAN TA GRANT AND ANOTHER

The court held the requested classes of documents were relevant to assess the Changs' investment experience and therefore discoverable; objections of oppression and uncertainty were rejected as unsupported; certain affirmations under RHC Ord.24 r.7(1) were required and the scope of documents was limited to 1 January 1996 to 31 December 2008; KD Chang's investment experience was not relevant where all trading decisions were made by Clark Chang.

Citation
SHANGHAI COMMERCIAL BANK LTD v. CHANG YUAN TA GRANT AND ANOTHER
Parties
Plaintiff (hca805/2009 Original Action); 1st Defendant (by Counterclaim Hca805/2009); 1st Defendant (hca1996/2009): Shanghai Commercial Bank Limited; 1st Defendant (hca805/2009 Original Action); 1st Plaintiff (by Counterclaim Hca805/2009): Chang Yuan Ta Grant; 2nd Defendant (hca805/2009 Original Action); 2nd Plaintiff (by Counterclaim Hca805/2009): Chang Ching Ho; 2nd Defendant (by Counterclaim Hca805/2009); 2nd Defendant (hca1996/2009): The Bank of East Asia, Limited; 1st Plaintiff (hca1996/2009): Zhang Zhatzewal also known as Chang Chih Hwa (Clark); 2nd Plaintiff (hca1996/2009): Chang Kung Da
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2011
Case Number
HCA805/2009
Procedural Posture
Civil Litigation Discovery Applications Related to Banking/investment Disputes / Interlocutory Applications Heard in Chambers (applications for Discovery Under RHC Ord.24 R.7(1))
Outcome
Discovery orders granted in both actions with limits and directions regarding affidavits/affirmations
Legal Topics
Discovery of Documents, Relevance, Oppression, Affidavit/affirmation Compliance, Investor Experience, Counterclaim
Source Language
EN
Civil Procedure Discovery Banking and Finance Contract Tort (negligence/misrepresentation) Discovery of Documents Relevance Oppression +3 more

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Parties

Shanghai Commercial Bank Limited

Plaintiff (hca805/2009 Original Action); 1st Defendant (by Counterclaim Hca805/2009); 1st Defendant (hca1996/2009)

Chang Yuan Ta Grant

1st Defendant (hca805/2009 Original Action); 1st Plaintiff (by Counterclaim Hca805/2009)

Chang Ching Ho

2nd Defendant (hca805/2009 Original Action); 2nd Plaintiff (by Counterclaim Hca805/2009)

The Bank of East Asia, Limited

2nd Defendant (by Counterclaim Hca805/2009); 2nd Defendant (hca1996/2009)

Zhang Zhatzewal also known as Chang Chih Hwa (Clark)

1st Plaintiff (hca1996/2009)

Chang Kung Da

2nd Plaintiff (hca1996/2009)

Procedural Posture

Civil Litigation Discovery Applications Related to Banking/investment Disputes / Interlocutory Applications Heard in Chambers (applications for Discovery Under RHC Ord.24 R.7(1))

Legal Issues

  1. 1 Whether the classes of documents sought are relevant to issues in the actions
  2. 2 Whether the discovery demand is oppressive or invades third party privacy
  3. 3 Whether the documents were described with sufficient certainty

Ratio Decidendi

The court held the requested classes of documents were relevant to assess the Changs' investment experience and therefore discoverable; objections of oppression and uncertainty were rejected as unsupported; certain affirmations under RHC Ord.24 r.7(1) were required and the scope of documents was limited to 1 January 1996 to 31 December 2008; KD Chang's investment experience was not relevant where all trading decisions were made by Clark Chang.

Court Disposition

Discovery orders granted in both actions with limits and directions regarding affidavits/affirmations

Orders

  • Discovery orders granted for specified classes of documents
  • Respondents to file and serve an affidavit or affirmation under RHC Ord.24 r.7(1) within 28 days