Read the full judgment text of HCA 9093/2000 on BabelCite. This High Court CFI judgment was delivered on 13 October 2005 before Hon Chu J.
Civil procedure – interlocutory orders – discovery and document production – further compliance with court undertaking and orders – scope of search for SAMS documents and Client Data – proprietary nature of claim – temporal limits – Protocol Policies – Category A and Category B documents – costs of multiple summonses – apportionment – certificate for two counsel – AXA China Region Insurance Company Limited v Pacific Century Insurance Company Limited – HCA 9093/2000 – court directions on outstanding issues following earlier decision – Issue 1: PCI not required to search non-AXA PMS policies issued on or after 21 July 2000 for SAMS documents – Issue 2: search of non-WWP NB policies for SAMS documents confined to Protocol Policies – Issue 3: further search limited to 169 policies referred to in Ralph Lau's 13th Affirmation – Issue 4: PCI not required to search other non-PMS policies for Category A documents beyond WWP NB policies and Protocol Policies – Issue 5: PCI not required to search for Category B documents – Issues 6-9 not required to be dealt with – Issues 10-11: costs of three summonses and direction hearing apportioned – one-third of hearing costs to AXA, two-thirds to PCI – certificate for two counsel – two-thirds of direction hearing costs to PCI against AXA – PCI given until 30 September 2005 to complete outstanding searches with verifying affidavit to be filed within 28 days thereafter.
Legal issues: Whether PCI must search non-AXA PMS policies for SAMS documents · Whether PCI must search non-WWP NB policies beyond the Protocol Policies · Scope of further search in respect of 169 policies · Whether PCI must search other non-PMS policies for Category A documents · Whether PCI must search for Category B documents · Costs of the application to insert the undertaking as to damages · Costs of PCI's discharge and release application · Apportionment of costs of the three-summons hearing · Costs of the application for directions
Outcome: Directions given on the scope of PCI's further compliance with the Undertaking and DJ To's Order, and costs orders made in respect of the three summonses and the direction hearing.
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