WONG KWONG LUNG v. WONG MING YAU

WONG KWONG LUNG v. WONG MING YAU

The judge found the family meeting concerned an existing dispute over the shop interest and constituted without prejudice settlement negotiations; because the transcript was not deployed in court the privilege was not waived; accordingly the transcript and paragraphs of witness statements referring to it are excluded from evidence.

Citation
WONG KWONG LUNG v. WONG MING YAU
Parties
Plaintiff (appointed Representative of the Estate of Ho See Fung, Deceased): WONG KWONG LUNG; Defendant (hca 1111/2011) and Plaintiff (hcmp 1810/2011): WONG MING YAU; 1st Defendant (hcmp 1810/2011): WONG WAI WA; 2nd Defendant (hcmp 1810/2011): PERSONS(S) IN OCCUPATION OF THE PROPERTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2014
Case Number
HCA1111/2011
Procedural Posture
Civil Action and Miscellaneous Proceedings / Chamber Application to Exclude Evidence (without Prejudice Materials) Prior to Trial
Outcome
Application allowed: without prejudice transcript and related witness statement material excluded; costs awarded to applicant at reduced rate
Legal Topics
Without Prejudice Privilege, Exclusion of Evidence, Waiver of Privilege, Costs Assessment, Family Property Dispute
Source Language
EN
Evidence Civil Procedure Probate/estates Property Without Prejudice Privilege Exclusion of Evidence Waiver of Privilege Costs Assessment +1 more

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Parties

WONG KWONG LUNG

Plaintiff (appointed Representative of the Estate of Ho See Fung, Deceased)

WONG MING YAU

Defendant (hca 1111/2011) and Plaintiff (hcmp 1810/2011)

WONG WAI WA

1st Defendant (hcmp 1810/2011)

PERSONS(S) IN OCCUPATION OF THE PROPERTY

2nd Defendant (hcmp 1810/2011)

Procedural Posture

Civil Action and Miscellaneous Proceedings / Chamber Application to Exclude Evidence (without Prejudice Materials) Prior to Trial

Legal Issues

  1. 1 Whether the transcript of the family meeting of 12 March 2011 is protected by without prejudice privilege and thus inadmissible
  2. 2 Whether privilege was waived by disclosure or conduct (delay; production of transcripts)
  3. 3 Whether witness statement paragraphs referring to the transcript must be excluded

Ratio Decidendi

The judge found the family meeting concerned an existing dispute over the shop interest and constituted without prejudice settlement negotiations; because the transcript was not deployed in court the privilege was not waived; accordingly the transcript and paragraphs of witness statements referring to it are excluded from evidence.

Court Disposition

Application allowed: without prejudice transcript and related witness statement material excluded; costs awarded to applicant at reduced rate

Orders

  • Exclude the transcript of the 12 March 2011 family meeting and exclude/strike the paragraphs of the siblings', the father’s and the uncle’s witness statements which refer to the transcript and the meeting
  • Wong Ming yau is awarded 70% of the costs with a certificate for counsel; these costs are to be assessed by the judge