In the matter of New Frontier Health Corporation - Judgment

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. Company Law; Civil Procedure; Evidence; Cross‑Border Law