单词 | Third party discovery |
释义 | 第三方的文件透露 1. In relation to the third party in third party proceedings, the exchange of lists of documents between the third party and the defendant or the plaintiff, where the third party is brought in by a third party notice. The procedure of discovery within 14 days after close of pleadings does not apply in third party proceedings: The Rules of the High Court (Cap 4A) O 24 r 2(1). 2. In relation to a third party, the general rule is that the court has no power to order discovery or production of documents against a person who is not a party to the action, or was a mere witness, but there are exceptions to this rule. Where a person, though no fault of his own, had been involved in the wrongful acts of another so as to facilitate the wrongdoing, he was under a duty to assist the person who had been wronged by giving him full information and disclosing the identity of the wrongdoer: Norwich Pharmacal Co v Customs and Excise Cmrs [1973] 2 All ER 943. It is a matter of judicial necessity: Re Greater Beijing Region Expressways Ltd (No 2) [2000] 2 HKC 118. This principle is not limited to identity of wrongdoers only, it may extend to cover other information: Philip Lawrence Choy v Nissei Sangyo America Ltd [1992] 2 HKLR 177. However, an applicant for such an order must show a prima facie case of infringement, the strength of his case is one of the factors to be weighed in the balance. If it is no more than a ‘fishing’ expedition, or is oppressive, unreasonable and inappropriate for the third party to comply with, the application is not allowed: Seacliff Ltd v Decca Ltd & Ors (No 2) [2001] 1 HKC 588. See also Discovery; Third party; Third party notice. |
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