東盈投資有限公司 對 陳寶榮

東盈投資有限公司 對 陳寶榮

The subpoena was discharged because the defendant could not satisfy the Ladd v Marshall first requirement of reasonable diligence (having earlier withdrawn an identical subpoena), the information obtainable would not be admissible on appeal, and the defendant had admitted signing the receipt making the subpoenaed...

Source-derived case information.

Citation
[2020] HKCFI 472
Parties
Plaintiff: GAIN EAST INVESTMENTS LIMITED; Defendant: CHAN PO WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 April 2020
Case Number
HCA2211/2015
Procedural Posture
Civil Jurisdiction / Interlocutory Application
Outcome
Subpoena discharged; application dismissed
Legal Topics
Subpoena for Bank Disclosure, Admission of Fresh Evidence on Appeal, Ladd V Marshall Test, Costs Assessment
Source Language
ch
Civil Procedure Evidence Banking Law Appellate Procedure Subpoena for Bank Disclosure Admission of Fresh Evidence on Appeal Ladd V Marshall Test Costs Assessment

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Parties

GAIN EAST INVESTMENTS LIMITED

Plaintiff

CHAN PO WING

Defendant

Procedural Posture

Civil Jurisdiction / Interlocutory Application

  1. 1 Whether a subpoena to a bank for a cheque stub and drawer details should be granted
  2. 2 Whether information obtained by the subpoena could be admitted as fresh evidence on appeal under Ladd v Marshall
  3. 3 Whether defendant is bound by his signature on a receipt and the effect of that admission on materiality

Ratio Decidendi

The subpoena was discharged because the defendant could not satisfy the Ladd v Marshall first requirement of reasonable diligence (having earlier withdrawn an identical subpoena), the information obtainable would not be admissible on appeal, and the defendant had admitted signing the receipt making the subpoenaed material immaterial to altering the outcome; accordingly the subpoena application lacked merit and must be dismissed with costs payable by the defendant.

Court Disposition

Subpoena discharged; application dismissed

Orders

  • The subpoena issued on 21 January 2020 is discharged.
  • The defendant shall pay the costs of the subpoena to the plaintiff to be assessed summarily on the party-and-solicitor basis.