Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 193

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            did not produce.  Consequently, the Court ordered an evidentiary                               
            hearing concerning those documents that took place on October 27,                              
            1993, during the trial of these cases.62                                                       
                  Both prior to and at the conclusion of that hearing, the                                 
            Court informed petitioner that he had the burden of proving that                               
            he did not have possession, custody, or control of the documents                               
            in question.  At the evidentiary hearing, petitioner produced                                  
            certain documents sought by respondent, and respondent was satis-                              
            fied with respect to all her requests except for certain records                               
            of (1) Double Wealth with respect to BB Loan No. 3, (2) Horbury                                
            with respect to, inter alia, the loan at issue involving Horbury,                              
            and (3) Forward with respect to, inter alia, the ownership of its                              
            stock during the years 1983 through 1986 and its alleged pledges                               
            of cash deposits to secure loans to Radcliffe and BOT during the                               
            years 1982 through 1986.  At the evidentiary hearing on respon-                                
            dent's motion to compel, petitioner testified that he did not                                  
            have possession, custody, or control of the documents in question                              
            that had not been produced and about his alleged efforts to                                    
            locate them.                                                                                   
                  On October 27, 1993, at the conclusion of the hearing on                                 
            respondent's motion to compel, the Court orally ruled that peti-                               

            62  The evidentiary hearing was held on Oct. 27, 1993, during the                              
            trial of these cases because petitioner, without good cause, did                               
            not make himself available to the Court at the call of these                                   
            cases from the calendar and did not present himself in Court                                   
            until Oct. 27, 1993, two days after the trial of these cases had                               
            commenced.  Despite petitioner's unjustified absence, the Court                                
            delayed holding that hearing in an effort to accommodate him and                               
            interrupted the trial in order to hold it.                                                     


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