CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

The Master found the 1st Defendant failed to raise a real and relevant dispute of unlawful maintenance/champerty or of a breach of the indemnity principle sufficient to engage the taxing master's power to order discovery; the Plaintiff's audited financial statements, explanations, admitted exclusions and solicitors' certificate showed legitimate funding and that the Plaintiff's liability to its solicitors exceeded the amount claimed. Accordingly discovery of the specified documents was unnecessary and the summons for discovery was dismissed, with costs ordered against the 1st Defendant.

Citation
CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2011
Case Number
HCAP8/2007
Procedural Posture
Taxation of Costs / Discovery Application / Interlocutory Discovery Application Before Taxing Master (master Levy in Chambers)
Outcome
Summons for discovery dismissed
Legal Topics
Maintenance and Champerty, Indemnity Principle, Discovery, Legal Professional Privilege, Access to Justice, Common Interest Exception
Source Language
EN
Civil Procedure Costs and Taxation Probate Charity Law Professional Privilege Public Policy Maintenance and Champerty Indemnity Principle +4 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Taxation of Costs / Discovery Application / Interlocutory Discovery Application Before Taxing Master (master Levy in Chambers)

Legal Issues

  1. 1 Whether the 1st Defendant raised a real and relevant issue of unlawful maintenance and champerty relevant to taxation of costs
  2. 2 Whether the 1st Defendant raised a real and relevant issue of breach of the indemnity principle relevant to taxation of costs
  3. 3 Whether the Court should exercise its discretion to order disclosure of the specified documents

Ratio Decidendi

The Master found the 1st Defendant failed to raise a real and relevant dispute of unlawful maintenance/champerty or of a breach of the indemnity principle sufficient to engage the taxing master's power to order discovery; the Plaintiff's audited financial statements, explanations, admitted exclusions and solicitors' certificate showed legitimate funding and that the Plaintiff's liability to its solicitors exceeded the amount claimed. Accordingly discovery of the specified documents was unnecessary and the summons for discovery was dismissed, with costs ordered against the 1st Defendant.

Court Disposition

Summons for discovery dismissed

Orders

  • Summons dismissed
  • Costs order nisi: 1st Defendant to pay Plaintiff's costs together with certificate for counsel to be gross sum assessed in lieu of taxation