12 May 1986
HSIN CHONG CONSTRUCTION COMPANY LIMITED v. THE HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED AND ANOTHER
- Citation
- HSIN CHONG CONSTRUCTION COMPANY LIMITED v. THE HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA341/1982
The court set aside both the duces tecum and ad testificandum parts of the subpoena: the duces tecum was impermissibly broad and amounted to an attempt at general discovery; the ad testificandum was oppressive, speculative and fishing and would not produce compellable or useful evidence on the timetable and facts before the arbitrator; additionally the court doubted it could compel an expert to perform extensive preparatory work for another party. The subpoena was therefore an abuse of process and was set aside (applying Senior v. Holdsworth).