CHEUNG KI LAM 對 CHOI TAK TAI 及另一人

CHEUNG KI LAM 對 CHOI TAK TAI 及另一人

Having inspected the plaintiff's materials and concluded they contained legal professional privilege and without prejudice content directly relevant to issues in the trial, the judge found both the subjective and objective recusal tests satisfied and therefore recused from hearing the trial; the judge further held the plaintiff had not made a voluntary, informed and unequivocal waiver of privilege and ordered expungement and case management measures, while reserving costs pending further inquiry.

Citation
[2023] HKDC 433
Parties
Plaintiff: CHEUNG KI LAM; First Defendant: CHOI TAK TAI; Second Defendant: HSIN CHONG CONSTRUCTION COMPANY LIMITED (in liquidation)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 March 2023
Case Number
DCPI2504/2019
Procedural Posture
Personal Injury Claim / Trial (adjourned) / Recusal and Case Management Hearing
Outcome
Hearing adjourned; trial to be reheard before another judge; judge recused; expungement of specified filings; case management orders made; costs reserved.
Legal Topics
Recusal, Apparent Bias, Legal Professional Privilege, Without Prejudice Communications, Case Management, Costs Reservation
Source Language
CH
Civil Procedure Judicial Recusal Evidence Legal Professional Privilege Costs Recusal Apparent Bias Without Prejudice Communications +2 more

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Parties

CHEUNG KI LAM

Plaintiff

CHOI TAK TAI

First Defendant

HSIN CHONG CONSTRUCTION COMPANY LIMITED (in liquidation)

Second Defendant

Procedural Posture

Personal Injury Claim / Trial (adjourned) / Recusal and Case Management Hearing

Legal Issues

  1. 1 Whether the trial judge must recuse after having inspected materials containing legal professional privilege and without prejudice communications
  2. 2 Whether the plaintiff waived privilege by filing privileged materials
  3. 3 Whether the disclosure created a real risk to fairness (apparent bias)

Ratio Decidendi

Having inspected the plaintiff's materials and concluded they contained legal professional privilege and without prejudice content directly relevant to issues in the trial, the judge found both the subjective and objective recusal tests satisfied and therefore recused from hearing the trial; the judge further held the plaintiff had not made a voluntary, informed and unequivocal waiver of privilege and ordered expungement and case management measures, while reserving costs pending further inquiry.

Court Disposition

Hearing adjourned; trial to be reheard before another judge; judge recused; expungement of specified filings; case management orders made; costs reserved.

Orders

  • Trial adjourned to 7, 8, 11 and 12 March 2024 at 9:30am before another judge
  • 2023 March 29, 30 and 31 trial dates stood over (adjourned)