ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD

ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD

Leave to appeal refused because the application was at interlocutory stage and inappropriate for appellate determination of novel legal questions before full trial; there was no reasonable prospect of success on the law of innocent dissemination as applied to the defendants and the balance of convenience favored the...

Source-derived case information.

Citation
ORIENTAL PRESS GROUP LTD AND ANOTHER v. FEVAWORKS SOLUTIONS LTD
Parties
1st Plaintiff: Oriental Press Group Limited; 2nd Plaintiff: Oriental Daily Publisher Limited; 3rd Plaintiff: The Sun News Publisher Limited; 4th Plaintiff: Ma Ching Kwan; Defendant / 1st Defendant: Fevaworks Solutions Limited; 2nd Defendant: Alive! Media & Communications Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 2009
Case Number
HCA2140/2008
Procedural Posture
Civil Defamation / Interlocutory (application for Leave to Appeal)
Outcome
Leave to appeal refused; costs awarded to the defendants; certificate for two counsel for the defendants.
Legal Topics
Innocent Dissemination, Leave to Appeal, Summary Procedures, Publication to Third Parties, ISP Liability
Source Language
en
Defamation Civil Procedure Media Law Internet Law Innocent Dissemination Leave to Appeal Summary Procedures Publication to Third Parties +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Oriental Press Group Limited

1st Plaintiff

Oriental Daily Publisher Limited

2nd Plaintiff

The Sun News Publisher Limited

3rd Plaintiff

Ma Ching Kwan

4th Plaintiff

Fevaworks Solutions Limited

Defendant / 1st Defendant

Alive! Media & Communications Limited

2nd Defendant

Procedural Posture

Civil Defamation / Interlocutory (application for Leave to Appeal)

Legal Issues

  1. 1 Whether leave to appeal should be granted at interlocutory stage
  2. 2 Whether defendant can be liable for unintentional publication as an innocent disseminator
  3. 3 Whether Godfrey v Demon applies where defendant lacked knowledge of defamatory content

Ratio Decidendi

Leave to appeal refused because the application was at interlocutory stage and inappropriate for appellate determination of novel legal questions before full trial; there was no reasonable prospect of success on the law of innocent dissemination as applied to the defendants and the balance of convenience favored the defendants.

Court Disposition

Leave to appeal refused; costs awarded to the defendants; certificate for two counsel for the defendants.

Orders

  • Leave to appeal refused
  • Costs awarded to the defendants