Ex Parte: Chen Sheng Kuei (MC 44/2018) [2018] SCSC 8251 (4 September 2018)

Ex Parte: Chen Sheng Kuei (MC 44/2018) [2018] SCSC 8251 (4 September 2018)

The applicant satisfied the conditions for a Norwich Pharmacal order, made full and frank disclosure, and the application was justified and necessary for use in foreign proceedings, not a fishing expedition. Statutory authority for disclosure exists under section 378 of the International Business Companies Act 2016.

Citation
[2018] SCSC 8251
Parties
Applicant: Chen Sheng Kuei; First Respondent: Full Kang Co. Ltd; Second Respondent: Chen Pao-Tzu; Third Respondent: Sterling Trust and Fiduciary Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 September 2018
Case Number
MC 44/2018
Procedural Posture
Ex Parte Application for Disclosure Order / Order on Ex Parte Application
Outcome
Application granted
Legal Topics
Norwich Pharmacal Orders, Disclosure of Documents, Confidentiality of Proceedings
Source Language
English
Company Law Civil Procedure Norwich Pharmacal Orders Disclosure of Documents Confidentiality of Proceedings

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Parties

Chen Sheng Kuei

Applicant

Full Kang Co. Ltd

First Respondent

Chen Pao-Tzu

Second Respondent

Sterling Trust and Fiduciary Ltd

Third Respondent

Procedural Posture

Ex Parte Application for Disclosure Order / Order on Ex Parte Application

Legal Issues

  1. 1 Whether the applicant is entitled to a Norwich Pharmacal order for disclosure of company documents
  2. 2 Whether the application is a fishing expedition or justified for use in foreign proceedings
  3. 3 Whether confidentiality and restraint orders are warranted

Ratio Decidendi

The applicant satisfied the conditions for a Norwich Pharmacal order, made full and frank disclosure, and the application was justified and necessary for use in foreign proceedings, not a fishing expedition. Statutory authority for disclosure exists under section 378 of the International Business Companies Act 2016.

Court Disposition

Application granted

Orders

  • Third Respondent to disclose all documents and information concerning ownership, members, directors, and assets of Full Kang Co. Ltd within seven days of service of the order.
  • Third Respondent to verify disclosure by affidavit within seven days of service of the order.