KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS

Where sworn evidence given in proceedings in another jurisdiction is materially inconsistent with sworn statements in the local proceedings, and an arguable case of serious misconduct is disclosed, the judge has the public duty and authority to refer the matter to the relevant foreign prosecuting authority without waiting for a final domestic judgment; accordingly the court ordered disclosure of specified documents to the Attorney General of Singapore.

Citation
KOMAL PATEL AND OTHERS v. CHRIS AU AND OTHERS
Parties
1st Plaintiff: KOMAL PATEL; 2nd Plaintiff: JASON MARK COHEN; 3rd Plaintiff: HARILAOS APOSTOLIDES; 4th Plaintiff: ROCKY CAPE INTERNATIONAL LIMITED; 1st Defendant: CHRIS AU; 2nd Defendant: HO CHING YI ELSA; 3rd Defendant: RETRIBUTION LIMITED; 1st Plaintiff (by Counterclaim): CHRIS AU; 1st Defendant (by Counterclaim): KOMAL PATEL; 2nd Defendant (by Counterclaim): JASON MARK COHEN; 3rd Defendant (by Counterclaim): HARILAOS APOSTOLIDES; 4th Defendant (by Counterclaim): ROCKY CAPE INTERNATIONAL LIMITED; 5th Defendant (by Counterclaim): ESSENCE INVESTMENTS LIMITED; 6th Defendant (by Counterclaim): YEW KUAN CHEONG; 7th Defendant (by Counterclaim): RETRIBUTION LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 2014
Case Number
HCA183/2014
Procedural Posture
Civil Action / Interlocutory Decision on Referral to Foreign Prosecuting Authority
Outcome
Referral to the Attorney General of Singapore ordered
Legal Topics
Referral to Prosecuting Authority, Alleged False Evidence, Mutual Legal Assistance, Judicial Cooperation, Cross Jurisdictional Disclosure
Source Language
EN
Civil Procedure Evidence Criminal Referral International Comity Private International Law Referral to Prosecuting Authority Alleged False Evidence Mutual Legal Assistance +2 more

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Parties

KOMAL PATEL

1st Plaintiff

JASON MARK COHEN

2nd Plaintiff

HARILAOS APOSTOLIDES

3rd Plaintiff

ROCKY CAPE INTERNATIONAL LIMITED

4th Plaintiff

CHRIS AU

1st Defendant

HO CHING YI ELSA

2nd Defendant

RETRIBUTION LIMITED

3rd Defendant

CHRIS AU

1st Plaintiff (by Counterclaim)

KOMAL PATEL

1st Defendant (by Counterclaim)

JASON MARK COHEN

2nd Defendant (by Counterclaim)

HARILAOS APOSTOLIDES

3rd Defendant (by Counterclaim)

ROCKY CAPE INTERNATIONAL LIMITED

4th Defendant (by Counterclaim)

ESSENCE INVESTMENTS LIMITED

5th Defendant (by Counterclaim)

YEW KUAN CHEONG

6th Defendant (by Counterclaim)

RETRIBUTION LIMITED

7th Defendant (by Counterclaim)

Procedural Posture

Civil Action / Interlocutory Decision on Referral to Foreign Prosecuting Authority

Legal Issues

  1. 1 Whether a judge may refer alleged false evidence to a foreign prosecuting authority
  2. 2 Whether referral is premature absent final judgment or oral evidence in the domestic court
  3. 3 Whether there must be a domestic finding of an offence before making a referral

Ratio Decidendi

Where sworn evidence given in proceedings in another jurisdiction is materially inconsistent with sworn statements in the local proceedings, and an arguable case of serious misconduct is disclosed, the judge has the public duty and authority to refer the matter to the relevant foreign prosecuting authority without waiting for a final domestic judgment; accordingly the court ordered disclosure of specified documents to the Attorney General of Singapore.

Court Disposition

Referral to the Attorney General of Singapore ordered

Orders

  • Registrar to provide to the Attorney General of Singapore copies of judgments dated 1 April 2014 (paras 37 to 38) and 11 July 2014 (paras 50 and 117) together with copies of the 1st defendant's affirmations and the exhibits thereto