CHOW SIN KIM v. CAMBO ENTERPRISES LTD

CHOW SIN KIM v. CAMBO ENTERPRISES LTD

The Old Survey Report was supplied to the 1st Defendant under an express without prejudice agreement in the context of settlement negotiations; on that basis it is privileged and not discoverable under Order 24 RDC, therefore the Master\u2019s dismissal of the discovery application was affirmed and the appeal dismissed.

Citation
CHOW SIN KIM v. CAMBO ENTERPRISES LTD
Parties
Plaintiff: Chow Sin Kim; 1st Defendant: CAMBO ENTERPRISES LIMITED; 2nd Defendant: Unnamed 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 October 2008
Case Number
DCCJ4205/2006
Procedural Posture
Civil Tort and Contract (bailment/negligence) With Interlocutory Discovery Dispute / Interlocutory Appeal Against Master\u2019s Dismissal of Discovery Application (re Hearing)
Outcome
Appeal dismissed; Master\u2019s decision refusing discovery of the Old Survey Report affirmed.
Legal Topics
Without Prejudice Privilege, Specific Discovery, Production and Inspection of Documents, Hearsay Notice, Costs Orders
Source Language
EN
Civil Procedure Evidence Discovery Privilege Tort (negligence) Contract (bailment) Without Prejudice Privilege Specific Discovery +3 more

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Parties

Chow Sin Kim

Plaintiff

CAMBO ENTERPRISES LIMITED

1st Defendant

Unnamed 2nd Defendant

2nd Defendant

Procedural Posture

Civil Tort and Contract (bailment/negligence) With Interlocutory Discovery Dispute / Interlocutory Appeal Against Master\u2019s Dismissal of Discovery Application (re Hearing)

Legal Issues

  1. 1 Whether the Old Survey Report was protected by the without prejudice privilege and therefore not discoverable

Ratio Decidendi

The Old Survey Report was supplied to the 1st Defendant under an express without prejudice agreement in the context of settlement negotiations; on that basis it is privileged and not discoverable under Order 24 RDC, therefore the Master\u2019s dismissal of the discovery application was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; Master\u2019s decision refusing discovery of the Old Survey Report affirmed.

Orders

  • The 1st Defendant shall pay the costs of the appeal and appeal hearing to the Plaintiff, to be taxed if not agreed and paid forthwith (order nisi made).