26 Jun 2019
COSIMO BORRELLI as Trustee of the SFC LITIGATION TRUST v. ALLEN TAK YUEN CHAN AND OTHERS
- Citation
- [2019] HKCFI 1376
- Court
- Court of First Instance
- Case number
- HCMP1987/2016
The Court upheld the subpoena duces tecum because the specified bank statements, remittance documents and communications were directly relevant, proportionate and likely in DW's possession; but it set aside the subpoena ad testificandum because the Plaintiff failed to show it acted with due diligence to obtain DW's cooperation and a witness statement before compelling attendance, thereby failing the procedural practice required for subpoenaing testimony.