PAUL KI PING KI AND ANOTEHR v. ORIENTAL DAILY PUBLISHER LTD. AND OTHERS

PAUL KI PING KI AND ANOTEHR v. ORIENTAL DAILY PUBLISHER LTD. AND OTHERS

The judge exercised discretion to strike out the 1st Plaintiff's personal claim as duplicative, dismissed the action against the 6th Defendant with indemnity costs because the claim against her was unreasonable/malicious and unsupported by the evidence, and applied the principle that where only nominal damages are awarded the usual practice is no order as to costs between the parties, additionally ordering the Plaintiff to bear jury expenses.

Citation
PAUL KI PING KI AND ANOTEHR v. ORIENTAL DAILY PUBLISHER LTD. AND OTHERS
Parties
1st Plaintiff: Paul Ki Ping Ki; 2nd Plaintiff: Paul Ki Ping Ki trading as Hong Kong Washington Company; 1st Defendant: Oriental Daily Publisher Limited; 2nd Defendant: Ho Sai Kan; 3rd Defendant: Chan Wai Keung, Terence; 4th Defendant: Cheng Wah Kwan, Betty; 5th Defendant: Leung Chi Shing; 6th Defendant: Cua King Shuen, Serina
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 1999
Case Number
HCA9748/1995
Procedural Posture
Defamation / Ruling at Trial
Outcome
1st Plaintiff's personal claim struck out; action against 6th Defendant dismissed; 2nd Plaintiff awarded nominal damages ($1) against 1st-4th Defendants; costs orders made as to indemnity and jury expenses.
Legal Topics
Fair Comment, Nominal Damages, Costs Orders and Indemnity Costs, Jury Trial Procedure, Striking Out Duplicative Claims
Source Language
EN
Defamation Civil Procedure Costs Fair Comment Nominal Damages Costs Orders and Indemnity Costs Jury Trial Procedure Striking Out Duplicative Claims

Case Brief

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Parties

Paul Ki Ping Ki

1st Plaintiff

Paul Ki Ping Ki trading as Hong Kong Washington Company

2nd Plaintiff

Oriental Daily Publisher Limited

1st Defendant

Ho Sai Kan

2nd Defendant

Chan Wai Keung, Terence

3rd Defendant

Cheng Wah Kwan, Betty

4th Defendant

Leung Chi Shing

5th Defendant

Cua King Shuen, Serina

6th Defendant

Procedural Posture

Defamation / Ruling at Trial

Legal Issues

  1. 1 Whether the 1st Plaintiff's personal claim was duplicative and should be struck out
  2. 2 Whether the 6th Defendant should be dismissed and ordered indemnity costs because the claim was unreasonable/malicious
  3. 3 Whether a successful plaintiff awarded only nominal damages should be awarded costs

Ratio Decidendi

The judge exercised discretion to strike out the 1st Plaintiff's personal claim as duplicative, dismissed the action against the 6th Defendant with indemnity costs because the claim against her was unreasonable/malicious and unsupported by the evidence, and applied the principle that where only nominal damages are awarded the usual practice is no order as to costs between the parties, additionally ordering the Plaintiff to bear jury expenses.

Court Disposition

1st Plaintiff's personal claim struck out; action against 6th Defendant dismissed; 2nd Plaintiff awarded nominal damages ($1) against 1st-4th Defendants; costs orders made as to indemnity and jury expenses.

Orders

  • Strike out 1st Plaintiff's claim with costs on an indemnity basis
  • Dismiss the Plaintiff's action against the 6th Defendant with costs on an indemnity basis