INTERNATIONAL TUTORS LTD v. AD EXCELLENTIAM LTD AND OTHERS

INTERNATIONAL TUTORS LTD v. AD EXCELLENTIAM LTD AND OTHERS

Court assessed each publication on its objective gravity, extent of publication and available evidence; awarded modest general damages of HK$1,000, HK$20,000 and HK$10,000 respectively (total HK$31,000) but refused aggravated and exemplary damages because the facts relied on were not pleaded or supported by evidence and the conduct did not warrant punitive remedies; costs of assessment awarded nisi to plaintiff; no interest awarded.

Citation
INTERNATIONAL TUTORS LTD v. AD EXCELLENTIAM LTD AND OTHERS
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): International Tutors Limited; 1st Defendant (original Action); 1st Plaintiff (counterclaim): AD Excellentiam Limited; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): David John Pratt; 3rd Defendant (original Action): Travis Ian Paterson; 4th Defendant (original Action): Jeremy Lereusteux; 5th Defendant (original Action): Samuel Buchanan III; 6th Defendant (original Action); 4th Plaintiff (counterclaim) (p): Eric Frederick Curlewis; 7th Defendant (original Action); 3rd Plaintiff (counterclaim): Ian Michael Broughton; 8th Defendant (original Action): Rees Marcus Saul Skiff; 9th Defendant (original Action): Yeung Shu Kei; 2nd Defendant (counterclaim): James Terence Ffitzroy; 3rd Defendant (counterclaim): Leung Lok Hang Janice; 4th Defendant (counterclaim): International Tutors Hong Kong Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 June 2017
Case Number
DCCJ2715/2015
Procedural Posture
Civil Defamation (libel) Counterclaim; Assessment of Damages / Assessment of Damages Before Master; Interlocutory Judgment Entered for Assessment
Outcome
Final judgment for plaintiff (4th plaintiff by counterclaim, Eric Frederick Curlewis) against David John Pratt and Travis Ian Paterson jointly and severally in the sum of HK$31,000; no aggravated or exemplary damages awarded; no interest awarded.
Legal Topics
Libel, Assessment of Damages, Aggravated Damages, Exemplary Damages, Abuse of Process
Source Language
EN
Defamation Civil Procedure Damages Libel Assessment of Damages Aggravated Damages Exemplary Damages Abuse of Process

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Parties

International Tutors Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

AD Excellentiam Limited

1st Defendant (original Action); 1st Plaintiff (counterclaim)

David John Pratt

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

Travis Ian Paterson

3rd Defendant (original Action)

Jeremy Lereusteux

4th Defendant (original Action)

Samuel Buchanan III

5th Defendant (original Action)

Eric Frederick Curlewis

6th Defendant (original Action); 4th Plaintiff (counterclaim) (p)

Ian Michael Broughton

7th Defendant (original Action); 3rd Plaintiff (counterclaim)

Rees Marcus Saul Skiff

8th Defendant (original Action)

Yeung Shu Kei

9th Defendant (original Action)

James Terence Ffitzroy

2nd Defendant (counterclaim)

Leung Lok Hang Janice

3rd Defendant (counterclaim)

International Tutors Hong Kong Limited

4th Defendant (counterclaim)

Procedural Posture

Civil Defamation (libel) Counterclaim; Assessment of Damages / Assessment of Damages Before Master; Interlocutory Judgment Entered for Assessment

Legal Issues

  1. 1 Whether the three publications amounted to defamatory libel warranting general damages
  2. 2 Whether aggravated damages were established for the 2nd libel
  3. 3 Whether exemplary damages were justified for the 3rd libel

Ratio Decidendi

Court assessed each publication on its objective gravity, extent of publication and available evidence; awarded modest general damages of HK$1,000, HK$20,000 and HK$10,000 respectively (total HK$31,000) but refused aggravated and exemplary damages because the facts relied on were not pleaded or supported by evidence and the conduct did not warrant punitive remedies; costs of assessment awarded nisi to plaintiff; no interest awarded.

Court Disposition

Final judgment for plaintiff (4th plaintiff by counterclaim, Eric Frederick Curlewis) against David John Pratt and Travis Ian Paterson jointly and severally in the sum of HK$31,000; no aggravated or exemplary damages awarded; no interest awarded.

Orders

  • Final judgment for plaintiff in the sum of HK$31,000 against David John Pratt and Travis Ian Paterson jointly and severally
  • General damages awarded: HK$1,000 (1st libel), HK$20,000 (2nd libel), HK$10,000 (3rd libel)