EXCEL CONCRETE LTD v. THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LTD AND OTHERS

EXCEL CONCRETE LTD v. THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LTD AND OTHERS

On the assumed facts and documentary evidence the court could legitimately infer that the 3rd defendant may have participated in, encouraged or supplied information for the 2nd and 3rd letters; the claim against him is not plain and obvious and therefore the strike-out application is refused and the matter must proceed to trial.

Citation
EXCEL CONCRETE LTD v. THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LTD AND OTHERS
Parties
Plaintiff: EXCEL CONCRETE LIMITED; 1st Defendant: THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LIMITED; 2nd Defendant: HONG KONG CONSTRUCTION MATERIALS ASSOCIATION LIMITED; 3rd Defendant: LEUNG YING WAH LAMBERT; 4th Defendant: HOGAN DAVID JAMES; 5th Defendant: CHEE YING KEUNG JOSEPH; 6th Defendant: CHAN KWOK KEUNG; 7th Defendant: ANDERSON CONCRETE LIMITED; 8th Defendant: K. WAH CONCRETE COMPANY LIMITED; 9th Defendant: HONG KONG-CHINA CONCRETE COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2013
Case Number
HCA938/2011
Procedural Posture
Defamation (libel and Malicious Falsehood) / Striking Out Application (pre Trial)
Outcome
Application by 3rd defendant to strike out claim relating to publication of the 2nd and 3rd Letters refused; claims against 5th and 6th defendants had been agreed struck out prior to hearing.
Legal Topics
Libel, Malicious Falsehood, Strike Out, Publication Liability, Authorization and Participation in Publication, Circumstantial Evidence
Source Language
EN
Defamation Civil Procedure Tort Competition/cartel Allegations Libel Malicious Falsehood Strike Out Publication Liability +2 more

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Parties

EXCEL CONCRETE LIMITED

Plaintiff

THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LIMITED

1st Defendant

HONG KONG CONSTRUCTION MATERIALS ASSOCIATION LIMITED

2nd Defendant

LEUNG YING WAH LAMBERT

3rd Defendant

HOGAN DAVID JAMES

4th Defendant

CHEE YING KEUNG JOSEPH

5th Defendant

CHAN KWOK KEUNG

6th Defendant

ANDERSON CONCRETE LIMITED

7th Defendant

K. WAH CONCRETE COMPANY LIMITED

8th Defendant

HONG KONG-CHINA CONCRETE COMPANY LIMITED

9th Defendant

Procedural Posture

Defamation (libel and Malicious Falsehood) / Striking Out Application (pre Trial)

Legal Issues

  1. 1 Whether there is a realistic basis to infer that the 3rd defendant participated in, authorised or encouraged publication of the 2nd and 3rd letters
  2. 2 Whether the claim against the 3rd defendant should be struck out as plain and obvious
  3. 3 Whether circumstantial documentary evidence supports proceeding to trial

Ratio Decidendi

On the assumed facts and documentary evidence the court could legitimately infer that the 3rd defendant may have participated in, encouraged or supplied information for the 2nd and 3rd letters; the claim against him is not plain and obvious and therefore the strike-out application is refused and the matter must proceed to trial.

Court Disposition

Application by 3rd defendant to strike out claim relating to publication of the 2nd and 3rd Letters refused; claims against 5th and 6th defendants had been agreed struck out prior to hearing.

Orders

  • Application to strike out claim against the 3rd defendant in respect of the 2nd and 3rd Letters refused
  • Order nisi that costs of the 3rd defendant's strike-out application (in respect of the 2nd and 3rd Letters) be the plaintiff's costs in the cause of such claim to be made absolute 14 days after handing down of the Decision