香港草地滾球總會 – Hong Kong Defamation Law

Hong Kong Defamation Plaintiff Allowed To Sue For Misuse Of Private Information Too (23 June 2022)

Yip Wai Tak Vivian (葉慧德) (P) v Lee Ka Wo Esmond (李家和) (D1) Hong Kong Football Club (香港足球會) (D2) Cheung Yuk Fung Vincent (張旭峯) (D3) & Hong Kong Lawn Bowls Association (香港草地滾球總會) (D4)

[2022] HKDC 621 – Decision of Deputy District Judge Joseph Vaughan – DCCJ 4923 of 2019 – 23 June 2022

https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=145181&currpage=T

“… I am of the view that the complaint by the 3^rd and 4^th defendants about the lack of particulars in this respect is more apparent than real. As a person’s private life and matters protected by confidentiality may overlap, the plaintiff is entitled to rely on the current pleaded facts insofar as the circumstances that led to an expectation of privacy is concerned. As for the allegation of misuse, the plaintiff’s case on her current pleadings would appear to be sufficiently clear… I would therefore allow the plaintiff’s application by summons dated 28 April 2022 for the filing of the proposed amended statement of claim… As suggested by the plaintiff, I would split the costs order for the summons into two parts, for the reasons set out by Yam J in Lessy S.A.R.L. v Pacific Star Development Ltd [1996] 2 HKLR 1 at 2-C. The costs order nisi I make is as follows: –

(1) Costs of and occasioned by the 3^rd and 4^th defendants’ opposition to the summons be paid by the 3^rd and 4^th defendants to the plaintiff in any event, to be taxed if not agreed, with certificate for counsel;

(2) Save as above, costs of and occasioned by the summons be paid by the plaintiff to the defendants in any event, to be taxed if not agreed, with certificate for counsel;

(3) Save as above, costs of the hearing on 20 June 2022 be costs in the cause of this action, with certificate for counsel; and

(4) The costs order for the pre-trial review be in the cause of the action.

If there is no application to vary the costs order nisi within 14 days, it shall become absolute. Lastly, I thank both counsel, as well as Ms Cabrelli, for their helpful assistance.

Mr Kenneth Lam leading Miss Angela Mui, instructed by Alex To & Co, for the plaintiff

Ms Alice Cabrelli of Boase Cohen & Collins, for the 1^st and 2^nd defendants

Mr Abel Lam, instructed by Herbert Tsoi & Partners, for the 3^rd and 4^th defendants

Tag: 香港草地滾球總會

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