Read the full judgment text of CACV 413/2022 on BabelCite. This Court of Appeal judgment was delivered on 19 October 2023 before Hon Kwan VP, Cheung and Yuen JJA.
Civil Appeal – Ancillary Relief – Non-party Discovery – Expert Evidence – Admissibility – Necessity – Costs – Matrimonial Proceedings – Company Valuation – Wife sought discovery from Husband's companies (KC, H, TSLD) for valuation of shareholdings – Judge dismissed summons on grounds of inadmissibility of expert notes and necessity – Court held expert notes admissible under s.47(1) Evidence Ordinance Cap. 8 – Necessity test requires Wife to satisfy burden – Some document categories allowed (non-current assets of KC/HL, AFS of associates), others rejected (liabilities breakdown, TSLD documents) – Costs order set aside; Wife to pay Companies' costs on party and party basis
Legal issues: Admissibility of FY's Notes · Necessity requirement for non-party discovery · Requested Documents Categories 1-4 · Costs Order
Outcome: Appeal allowed in part; discovery orders varied; costs order set aside and substituted.
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