KENNETH ANTHONY DEVUN v. ZHANG XIAOLI

KENNETH ANTHONY DEVUN v. ZHANG XIAOLI

The plaintiff demonstrated a real prospect that the requested bank documents would assist in locating or preserving monies claimed; the documents sought were sufficiently specific; the balance of interests favored disclosure given the bank's neutral stance and the public interest in investigating alleged fraud; accordingly an order for disclosure under s21 EO was appropriate, with costs ordered against the plaintiff on an indemnity basis to the bank.

Citation
[2024] HKDC 1232
Parties
Plaintiff: Kenneth Anthony Devun; Defendant: Zhang Xiaoli; Third Party (bank/respondent to Summons): Standard Chartered Bank (Hong Kong) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 July 2024
Case Number
DCCJ2982/2024
Procedural Posture
Civil Action (disclosure Application Under S21 Evidence Ordinance) / Inter Partes Summons Hearing and Decision (application for Disclosure)
Outcome
Order granted for specified disclosure under s21 Evidence Ordinance; Plaintiff ordered to pay Standard Chartered Bank's costs on an indemnity basis to be taxed if not agreed.
Legal Topics
Section 21 Evidence Ordinance, Disclosure Orders, Norwich Pharmacal Relief, Constructive Trust, Resulting Trust, Unjust Enrichment
Source Language
EN
Evidence Banking Fraud Restitution Civil Procedure Section 21 Evidence Ordinance Disclosure Orders Norwich Pharmacal Relief +3 more

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Parties

Kenneth Anthony Devun

Plaintiff

Zhang Xiaoli

Defendant

Standard Chartered Bank (Hong Kong) Limited

Third Party (bank/respondent to Summons)

Procedural Posture

Civil Action (disclosure Application Under S21 Evidence Ordinance) / Inter Partes Summons Hearing and Decision (application for Disclosure)

Legal Issues

  1. 1 Whether to grant disclosure under s21 EO against the bank
  2. 2 Whether applicant demonstrated a real prospect of locating or preserving assets
  3. 3 Whether the documents sought are specified with sufficient particularity

Ratio Decidendi

The plaintiff demonstrated a real prospect that the requested bank documents would assist in locating or preserving monies claimed; the documents sought were sufficiently specific; the balance of interests favored disclosure given the bank's neutral stance and the public interest in investigating alleged fraud; accordingly an order for disclosure under s21 EO was appropriate, with costs ordered against the plaintiff on an indemnity basis to the bank.

Court Disposition

Order granted for specified disclosure under s21 Evidence Ordinance; Plaintiff ordered to pay Standard Chartered Bank's costs on an indemnity basis to be taxed if not agreed.

Orders

  • Standard Chartered Bank to produce copies of the monthly account statements for the defendant's account from 22 December 2023 to 31 December 2023
  • Standard Chartered Bank to produce account opening forms and documents setting out the defendant's particulars for the defendant's account