18 Jun 1998
TO KAN CHI AND OTHERS v. TO KA YI TSO AND OTHERS
- Citation
- TO KAN CHI AND OTHERS v. TO KA YI TSO AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV117/1998
The appeal is allowed and the five writs of subpoena duces tecum are set aside because the subpoenas sought whole, voluminous government files from non-parties without the requisite particularity or a satisfactory evidential basis that the contents were likely to be material and admissible; the trial judge's inferential finding based on 'past experience' was unsupported because he had not inspected the files and could not justify overriding the established rule barring general discovery from non-parties; interlocutory relief was appropriate to prevent oppression of non-parties; costs ordered…