In the Matter of New Frontier Health Corporation
Company s application to extend time period within which to comply with discovery obligations in a Section 238 case on the grounds that there was a risk of prosecution under the law of the People s Republic of China if it complied without approval from the PRC authorities - no approval mechanism presently in place and unlikely to be in place in the near future - the relevant law and procedure - GCR s overriding objective - Section 7 of the Bill of Rights requiring a fair trial within a reasonable time - the importance of complying with court orders and local rules - a consideration of the relevant authorities including Bank Mellat and some American authorities - the approach - whether the relevant PRC law provisions apply - whether there is an actual risk of prosecution - the balancing exercise and the relevant factors to consider
| Cause Number | FSD 0072 AND 0074 OF 2022 (DDJ) |
|---|---|
| Court | Grand Court |
| Judgment Date | 2024-Apr-24 |
| Subject | Company s application to extend time period within which to comply with discovery obligations in a Section 238 case on the grounds that there was a risk of prosecution under the law of the People s Republic of China if it complied without approval from the PRC authorities - no approval mechanism presently in place and unlikely to be in place in the near future - the relevant law and procedure - GCR s overriding objective - Section 7 of the Bill of Rights requiring a fair trial within a reasonable time - the importance of complying with court orders and local rules - a consideration of the relevant authorities including Bank Mellat and some American authorities - the approach - whether the relevant PRC law provisions apply - whether there is an actual risk of prosecution - the balancing exercise and the relevant factors to consider |
| Category | Financial Services Division |
| Filename (current) | 5S8A4JA4XEX41H83IG8BE72BF5AA250205B2AEDB029691F62E12.pdf |