19 Dec 2014
CHINA CONSTRUCTION REALTY LTD v. LUCKY DRAGON LTD AND OTHERS
- Citation
- CHINA CONSTRUCTION REALTY LTD v. LUCKY DRAGON LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1237/2012
The judge applied the settled test of 'possession, custody or power' and the contractual rights in the framework agreement to conclude that the 4th defendant had a presently enforceable right under clause 5.2 to obtain receipts/proofs of repayments (items 2 and 3) and therefore must make discovery of those; the 4th defendant did not have possession or power over documents relating to pre-acquisition liabilities, certain phase‑1 documents and documents solely belonging to Guangxi Company or Jinan/LEA where no enforceable right was shown, so discovery was refused for items 1 and 4 and insofar a…