THE INCORPORATED OWNERS OF SHATIN NEW TOWN AND OTHERS v. CHEUNG KWOK KEUNG AND OTHERS

THE INCORPORATED OWNERS OF SHATIN NEW TOWN AND OTHERS v. CHEUNG KWOK KEUNG AND OTHERS

Grant only limited leave: permit P1 and P2 to adduce paragraphs 32-35 and 38-42 of P2's 3rd affirmation and two uncontroversial supplemental affirmations filed 27 November 2020; redact and expunge all other paragraphs of P2's 3rd affirmation; allow D2 and D4 to file limited consequential affirmations in reply confined to the allowed paragraphs by specified deadlines; limit further affidavits or submissions without leave; adjourn the injunction hearing; order costs to the 2nd Defendant with certificate for counsel.

Citation
[2020] HKDC 1182
Parties
1st Plaintiff: The Incorporated Owners of Shatin New Town (好運中心業主立案法團); 2nd Plaintiff: Lee Shui Chong (李瑞暢); 3rd Plaintiff: Mak Lam Wing (麥林榮); 4th Plaintiff: Tam Mei Chu (譚美珠); 1st Defendant: Cheung Kwok Keung (張國強); 2nd Defendant: Wong Kin Wa (黃建華); 3rd Defendant: Cheung Kam Kwan (張淦鈞); 4th Defendant: Leung Lai Fan (梁麗芬)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 December 2020
Case Number
DCCJ2684/2019
Procedural Posture
Defamation; Interlocutory Injunction / Application for Leave to File Supplemental Affidavits in Opposition to Interlocutory Injunction; Interlocutory Injunction Hearing Adjourned
Outcome
Partial leave granted to plaintiffs to adduce limited supplemental evidence; remainder of P2's 3rd affirmation expunged; consequential limited replies permitted to defendants; costs to 2nd Defendant
Legal Topics
Leave to Adduce Further Evidence, Relevance and Proportionality in Interlocutory Proceedings, Malice in Defamation, Costs and Case Management Directions
Source Language
EN
Defamation Civil Procedure Interlocutory Injunctions Case Management Leave to Adduce Further Evidence Relevance and Proportionality in Interlocutory Proceedings Malice in Defamation Costs and Case Management Directions

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Parties

The Incorporated Owners of Shatin New Town (好運中心業主立案法團)

1st Plaintiff

Lee Shui Chong (李瑞暢)

2nd Plaintiff

Mak Lam Wing (麥林榮)

3rd Plaintiff

Tam Mei Chu (譚美珠)

4th Plaintiff

Cheung Kwok Keung (張國強)

1st Defendant

Wong Kin Wa (黃建華)

2nd Defendant

Cheung Kam Kwan (張淦鈞)

3rd Defendant

Leung Lai Fan (梁麗芬)

4th Defendant

Procedural Posture

Defamation; Interlocutory Injunction / Application for Leave to File Supplemental Affidavits in Opposition to Interlocutory Injunction; Interlocutory Injunction Hearing Adjourned

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to file supplemental affirmations in response to new matters raised by defendant's late reply affidavits
  2. 2 Whether large parts of P2's 3rd affirmation were irrelevant, disproportionate or amount to legal submissions rather than admissible affidavit evidence
  3. 3 Whether only limited portions of P2's 3rd affirmation should be allowed and whether defendant and co-defendant should be permitted consequential replies

Ratio Decidendi

Grant only limited leave: permit P1 and P2 to adduce paragraphs 32-35 and 38-42 of P2's 3rd affirmation and two uncontroversial supplemental affirmations filed 27 November 2020; redact and expunge all other paragraphs of P2's 3rd affirmation; allow D2 and D4 to file limited consequential affirmations in reply confined to the allowed paragraphs by specified deadlines; limit further affidavits or submissions without leave; adjourn the injunction hearing; order costs to the 2nd Defendant with certificate for counsel.

Court Disposition

Partial leave granted to plaintiffs to adduce limited supplemental evidence; remainder of P2's 3rd affirmation expunged; consequential limited replies permitted to defendants; costs to 2nd Defendant

Orders

  • Plaintiffs have leave to adduce as evidence paragraphs 32-35 and 38-42 of the 3rd Affirmation of Lee Shui Chong only and the entire contents of the 2nd Affirmation of Mak Lam Wing and 2nd Affidavit of Tam Mei Chu filed on 27 November 2020
  • Save and except as provided for, all other paragraphs under the 3rd Affirmation of Lee Shui Chong are to be redacted and be expunged from the Court file