LI TAN LAP AND ANOTHER v. LEE WAI HAN

LI TAN LAP AND ANOTHER v. LEE WAI HAN

The Master was correct to order further and better particulars because a plea of truth/justification that contains only an assertion that the words are true does not disclose the factual particulars necessary for the claimant to know the case to be met; the defendant must provide particulars of the facts alleged and...

Source-derived case information.

Citation
LI TAN LAP AND ANOTHER v. LEE WAI HAN
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant: LingMee Chan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2002
Case Number
HCA156/2002
Procedural Posture
Defamation / Appeal From Master's Decision on Application for Further and Better Particulars
Outcome
Appeal dismissed; Master's order for further and better particulars upheld
Legal Topics
Particulars, Truth/justification Defence, Costs, Pleading
Source Language
en
Defamation Civil Procedure Evidence Particulars Truth/justification Defence Costs Pleading

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Summary, issues, holding and outcome

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

LingMee Chan

Defendant

Procedural Posture

Defamation / Appeal From Master's Decision on Application for Further and Better Particulars

Legal Issues

  1. 1 Whether a defendant pleading truth/justification must provide detailed particulars beyond asserting the words are true
  2. 2 What particulars are required to enable trial preparation and fair contest of the justification defence
  3. 3 Whether costs of the appeal should be awarded against the defendant

Ratio Decidendi

The Master was correct to order further and better particulars because a plea of truth/justification that contains only an assertion that the words are true does not disclose the factual particulars necessary for the claimant to know the case to be met; the defendant must provide particulars of the facts alleged and particulars of dates, places, persons and incidents relied on to prove truth.

Court Disposition

Appeal dismissed; Master's order for further and better particulars upheld

Orders

  • Defendant to supply the ordered further and better particulars within 14 days of judgment
  • Costs of the appeal to be paid by the defendant to the plaintiffs