31 Oct 1995
THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD
- Citation
- THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD
- Court
- Court of First Instance
- Case number
- HCCT16/1994
The application was dismissed because the Defendant failed to produce sufficient evidence that the specified documents exist and are within the Plaintiff's possession, custody or power; the Plaintiff's assertion that entitled documents have been supplied by the architects and the architects' claim of ownership of remaining files overcame the Defendant's unsupported speculation, and the court identified alternative remedies (subpoena duces tecum or requiring production at an early trial) rather than ordering the affidavit sought.