Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside subpoena

Legal area

Court

21 Apr 2010

NICHOLAS TIMOTHY CORNFORTH HILL v. ALVAREZ & MARSAL ASIA LTD

Citation

NICHOLAS TIMOTHY CORNFORTH HILL v. ALVAREZ & MARSAL ASIA LTD
Court

Court of First Instance
Case number

HCA56/2007

Because the solicitor was retained on a joint retainer that included the defendant A&M Asia, no legal professional privilege existed between the former partners and A&M Asia; Borrelli and Flynn failed to apply promptly to set aside the subpoena and thus the challenge to the subpoena was dismissed and costs were awarded against them.
21 Apr 2010

ALVAREZ & MARSAL ASIA LTD v. NICHOLAS TIMOTHY CORNFORTH HILL

Citation

ALVAREZ & MARSAL ASIA LTD v. NICHOLAS TIMOTHY CORNFORTH HILL
Court

Court of First Instance
Case number

HCMP2461/2006

Because the solicitor had been retained on a joint retainer, no privilege arose between the former joint clients; Borrelli and Flynn unreasonably delayed taking the proper procedural step (a prompt summons under O 38 r 19) to set aside the subpoena and therefore must pay costs; costs follow the event and no discount was justified.
8 May 1984

RE CHU PIU-WING

Citation

RE CHU PIU-WING
Court

Court of First Instance
Case number

HCMP121/1984

By majority the court held that a properly construed subpoena ad testificandum issued to assist an inferior tribunal includes a command to give evidence; the respondent's claim of partial confidentiality from ICAC did not, on the facts and given full disclosure of identity and substance to the police, outweigh the public interest in requiring relevant evidence; the immunity offered was conditional and insufficient to eliminate privilege; the respondent's deliberate refusal to give evidence after being subpoenaed constituted contempt and justified committal (six months, suspended on condition…

Hong Kong Case Law

NICHOLAS TIMOTHY CORNFORTH HILL v. ALVAREZ & MARSAL ASIA LTD

ALVAREZ & MARSAL ASIA LTD v. NICHOLAS TIMOTHY CORNFORTH HILL

RE CHU PIU-WING