21 Apr 2009
PRIMARIUS CAPITAL LLC AND OTHERS v. JAYHAWK CAPITAL MANAGEMENT, LLC AND OTHERS
- Citation
- PRIMARIUS CAPITAL LLC AND OTHERS v. JAYHAWK CAPITAL MANAGEMENT, LLC AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1961/2008
The ex parte order was set aside because the Claimants failed to satisfy section 76(4) of the Evidence Ordinance: they did not demonstrate prima facie that the documents existed or were in the possession, custody or power of Mr Chen or Golden Meditech, and the requests were drafted as broad classes rather than particular documents and were not shown to be relevant to the US arbitration; therefore the Order constituted an impermissible fishing expedition and must be set aside; costs follow the event with an order nisi for costs.