Discovery Obligations And Company Groups: When Can A Discovery Order Against A Company Be Used Against Related Companies?
Thema International Fund Plc v HSBC Institutional Trust Services 1
The Decision
The context of this decision was a procedural dispute in litigation arising out of the collapse of the Madoff Ponzi scheme. The plaintiff fund sought orders for discovery against the defendant custodian and its related companies within the HSBC group world-wide. These related companies were not party to the proceedings. The Rules of the Superior Courts provide that a party to a case may be subject to a discovery order to make available documents which are or have been "in his possession, power or procurement". The question was: were documents held by...
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