23 Dec 2024
TENWOW INTERNATIONAL HOLDINGS LTD (IN LIQUIDATION) AND ANOTHER v. PRICEWATERHOUSECOOPERS (A FIRM) AND ANOTHER
- Citation
- [2024] HKCA 1193
- Court
- Court of Appeal
- Case number
- CACV522/2024
The Court of Appeal held that it is not inappropriate in principle to issue a letter of request to a Mainland court to facilitate a party’s compliance with discovery where Mainland law creates a real risk of penalty for unapproved transfer; the assistance sought falls within the scope of Article 6 of the Mutual Arrangement as provision of documentary evidence and the court should exercise its discretion to issue the letter of request because the risk of contravening Mainland law, comity and practical necessity outweighed concerns of delay or futility on the facts; accordingly the judge’s orde…