Read the full judgment text of FCJA 3690/2017 on BabelCite. This FCJA judgment was delivered on 18 July 2019 before Deputy District Judge Doris To.
Civil procedure – ancillary relief – discovery – implied undertaking – release of undertaking – foreign proceedings – PRC proceedings – necessity – relevance – costs – application dismissed – costs order nisi. The 2nd Applicant/Wife applied for leave to use documents from the ancillary relief proceedings in the Hong Kong District Court in the PRC proceedings commenced by her. The documents included Form E, answers to questionnaires, financial statements, and bank statements. The Court considered the implied undertaking on discovery and whether special circumstances justified release. The Court held that the applicant must demonstrate cogent and persuasive reasons. The PRC proceedings were not shown to be necessary as the facts were already admitted in Hong Kong. Leave should not be granted for mere convenience. The application was dismissed. Costs order nisi made against the 2nd Applicant.
Legal issues: Release of implied undertaking on discovery documents
Outcome: Application dismissed.
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