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Judgment

In the Matter of New Frontier Health Corporation

FSD 0072 AND 0074 OF 2022 (DDJ) · 2024-Apr-24

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

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