K&L GATES v. NAVIN KUMAR AGGARWAL AND OTHERS

K&L GATES v. NAVIN KUMAR AGGARWAL AND OTHERS

The court ordered specific discovery in part: bank account opening documents and mandates, bank statements, reconciliation statements and client ledgers (with client names redacted to client numbers) for the relevant period to permit a fund-flow analysis; seizure lists and police witness statements; documents and escrow agreements relating to the Escrow Actions and settlements; internal correspondence and meeting notes/emails concerning queried transfers (including the 16 June 2011 meeting and emails from August 2010); refused orders where K&L Gates swore no documents exist or where privilege was not sufficiently particularised; permitted limited redaction to protect unrelated client...

Citation
K&L GATES v. NAVIN KUMAR AGGARWAL AND OTHERS
Parties
Plaintiff: K&L GATES; 1st Defendant: NAVIN KUMAR AGGARWAL; 2nd Defendant: SAT IENG SOCIEDADE UNIPESSOAL LIMITADA; 3rd Defendant: GOLDEN WAY GLOBAL LIMITED; 4th Defendant: SOUTHBANK INVESTMENTS PTY LIMITED; 5th Defendant: SAT FAT LIMITED (also known as SAT FAT SOCIEDADA UNIPESSOAL LIMITADA); 6th Defendant: EVER DISCOVERY LIMITED; 7th Defendant: BURSWOOD NOMINEES LIMITED; 8th Defendant: GOLDEN FUTURE (MANAGEMENT SERVICES) LIMITED; 9th Defendant: VENETIAN MACAU LIMITED; 10th Defendant: WYNN INTERNATIONAL MARKETING, LIMITED; 11th Defendant: V-HK SERVICES LIMITED; 12th Defendant: GOLDEN WAY COMPANY LIMITED (also known as GOLDEN WAY SOCIEDADE UNIPESSOAL LIMITADA); 13th Defendant: CROWN MELBOURNE LIMITED; 14th Defendant: WYNN RESORTS (MACAU) S.A.; Defendant (hca 349/2012): MELCO CROWN GAMING (MACAU) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 2017
Case Number
HCA1061/2011
Procedural Posture
Civil Litigation Discovery Applications / Interlocutory (specific Discovery Applications)
Outcome
Discovery ordered in part and refused in part; costs orders made nisi against K&L Gates
Legal Topics
Discovery, Specific Discovery, Legal Privilege, Redaction, Fund Tracing, Knowing Receipt, Money Had and Received, Duty of Care, Anti Money Laundering Reporting, Proportionality
Source Language
EN
Civil Procedure Trusts Restitution Professional Negligence Fraud Banking Law Evidence (disclosure and Privilege) Discovery +9 more

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Parties

K&L GATES

Plaintiff

NAVIN KUMAR AGGARWAL

1st Defendant

SAT IENG SOCIEDADE UNIPESSOAL LIMITADA

2nd Defendant

GOLDEN WAY GLOBAL LIMITED

3rd Defendant

SOUTHBANK INVESTMENTS PTY LIMITED

4th Defendant

SAT FAT LIMITED (also known as SAT FAT SOCIEDADA UNIPESSOAL LIMITADA)

5th Defendant

EVER DISCOVERY LIMITED

6th Defendant

BURSWOOD NOMINEES LIMITED

7th Defendant

GOLDEN FUTURE (MANAGEMENT SERVICES) LIMITED

8th Defendant

VENETIAN MACAU LIMITED

9th Defendant

WYNN INTERNATIONAL MARKETING, LIMITED

10th Defendant

V-HK SERVICES LIMITED

11th Defendant

GOLDEN WAY COMPANY LIMITED (also known as GOLDEN WAY SOCIEDADE UNIPESSOAL LIMITADA)

12th Defendant

CROWN MELBOURNE LIMITED

13th Defendant

WYNN RESORTS (MACAU) S.A.

14th Defendant

MELCO CROWN GAMING (MACAU) LIMITED

Defendant (hca 349/2012)

Procedural Posture

Civil Litigation Discovery Applications / Interlocutory (specific Discovery Applications)

Legal Issues

  1. 1 Whether documents exist and are in possession, custody or power of K&L Gates for specific discovery under RHC O.24 r.7
  2. 2 Whether bank mandates, account opening documents and client ledgers are relevant and necessary to conduct fund flow analysis and to determine authority for transfers
  3. 3 Whether escrow agreements were valid and whether funds originated from Non-Clients or K&L Gates' clients

Ratio Decidendi

The court ordered specific discovery in part: bank account opening documents and mandates, bank statements, reconciliation statements and client ledgers (with client names redacted to client numbers) for the relevant period to permit a fund-flow analysis; seizure lists and police witness statements; documents and escrow agreements relating to the Escrow Actions and settlements; internal correspondence and meeting notes/emails concerning queried transfers (including the 16 June 2011 meeting and emails from August 2010); refused orders where K&L Gates swore no documents exist or where privilege was not sufficiently particularised; permitted limited redaction to protect unrelated client...

Court Disposition

Discovery ordered in part and refused in part; costs orders made nisi against K&L Gates

Orders

  • Order disclosure of account opening documents and bank mandates for the Client Account
  • Order disclosure of bank statements, reconciliation statements and clients' ledgers for May 2007 to June 2011 (subject to redaction of client names to client numbers only) to permit fund-flow analysis