YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

The court found on the facts that the Subject Document fell within Schedule A / the Letter of Request and was relevant evidence of the Family Arrangements such that special circumstances existed to release the implied undertaking to permit Angela, a third party, to use the Subject Document in the California Action; however the court refused leave to use the document in intended contempt proceedings. The release would not occasion injustice to the disclosing party. Costs were apportioned accordingly.

Citation
YANG FOO-OI v. WAI WAI CHEN AND ANOTHER
Parties
Plaintiff: YANG FOO-OI; 1st Defendant: WAI WAI CHEN; 2nd Defendant: TIMFORD RESOURCES LIMITED; Intended Intervener: ANGELA CHEN aka ANGELA C. SABELLA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2013
Case Number
HCA1739/2010
Procedural Posture
Civil (high Court Action No. 1739 of 2010; Related Foreign Proceedings) / Chambers Hearing — Application for Leave to Use a Disclosed Document (judgment on 8 March 2013)
Outcome
Leave granted for Angela to use the Subject Document in the California Action; leave refused for use in intended contempt proceedings; costs order against Vivien for half of Angela's costs; order nisi to be made final after 21 days.
Legal Topics
Implied Undertaking on Discovery, Release of Discovery to Third Parties, Use of Disclosed Documents in Foreign Proceedings, Letters of Request / Mutual Legal Assistance, Contempt Applications, Special Circumstances Test
Source Language
EN
Civil Procedure Discovery and Disclosure International Litigation Family Law Trusts and Fiduciary Duties Contempt Implied Undertaking on Discovery Release of Discovery to Third Parties +4 more

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Parties

YANG FOO-OI

Plaintiff

WAI WAI CHEN

1st Defendant

TIMFORD RESOURCES LIMITED

2nd Defendant

ANGELA CHEN aka ANGELA C. SABELLA

Intended Intervener

Procedural Posture

Civil (high Court Action No. 1739 of 2010; Related Foreign Proceedings) / Chambers Hearing — Application for Leave to Use a Disclosed Document (judgment on 8 March 2013)

Legal Issues

  1. 1 Whether the implied undertaking not to use documents produced on discovery can be released to a third party
  2. 2 Whether the Subject Document falls within the scope of the California Letter of Request / Schedule A and thus was producible under the Disclosure Order
  3. 3 Whether special circumstances exist to permit use of the Subject Document in the California Action

Ratio Decidendi

The court found on the facts that the Subject Document fell within Schedule A / the Letter of Request and was relevant evidence of the Family Arrangements such that special circumstances existed to release the implied undertaking to permit Angela, a third party, to use the Subject Document in the California Action; however the court refused leave to use the document in intended contempt proceedings. The release would not occasion injustice to the disclosing party. Costs were apportioned accordingly.

Court Disposition

Leave granted for Angela to use the Subject Document in the California Action; leave refused for use in intended contempt proceedings; costs order against Vivien for half of Angela's costs; order nisi to be made final after 21 days.

Orders

  • Angela to be joined insofar as necessary for the purpose of her application
  • Leave granted for Angela to use the Subject Document in the California Action (order in terms of paragraph 1(a) of the summons dated 19 October 2012)