LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG AND OTHERS

LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG AND OTHERS

The court refused to grant the 8th defendant the strike-out relief sought because, on the pleaded facts and surrounding context (notice, voting form, subsequent meetings and votes) it was not plain and obvious that he could have no liability for publication; however the court, of its own motion, struck out the portion of paragraph 9 that inaccurately alleged the 30 May resolution included a decision to publish, and directed the plaintiff to serve an amended statement of claim within specified time limits; costs were apportioned (50% of the 8th defendant's costs here and below to be in the cause).

Citation
LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG AND OTHERS
Parties
Plaintiff: Lam Kit Sing; 1st Defendant: 1st Defendant; 2nd Defendant; Chairman of the Association: 2nd Defendant; 3rd Defendant; Executive Director: 3rd Defendant; 4th Defendant; Executive Director: 4th Defendant; 5th Defendant; Executive Director: 5th Defendant; 6th Defendant; Executive Director: 6th Defendant; 7th Defendant; Executive Director: 7th Defendant; 8th Defendant; Director: Ma Po Chim
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2016
Case Number
HCA2011/2014
Procedural Posture
Libel and Malicious Falsehood (defamation) Action; Strike Out Application / Appeal From Master S Lo's Decision on Strike Out Application; Hearing in Chambers Before Judge of Court of First Instance
Outcome
Partially allowed on the court's own motion: part of paragraph 9 struck out; appeal against Master's decision not otherwise allowed; plaintiff directed to amend pleading; costs ordered.
Legal Topics
Libel, Malicious Falsehood, Strike Out Application, Publication Liability, Authorisation of Publication, Amendment of Pleadings, Costs
Source Language
EN
Defamation Civil Procedure Company Law Libel Malicious Falsehood Strike Out Application Publication Liability Authorisation of Publication +2 more

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Parties

Lam Kit Sing

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant; Chairman of the Association

3rd Defendant

3rd Defendant; Executive Director

4th Defendant

4th Defendant; Executive Director

5th Defendant

5th Defendant; Executive Director

6th Defendant

6th Defendant; Executive Director

7th Defendant

7th Defendant; Executive Director

Ma Po Chim

8th Defendant; Director

Procedural Posture

Libel and Malicious Falsehood (defamation) Action; Strike Out Application / Appeal From Master S Lo's Decision on Strike Out Application; Hearing in Chambers Before Judge of Court of First Instance

Legal Issues

  1. 1 Whether parts of the statement of claim against the 8th defendant should be struck out as untenable or factually baseless
  2. 2 Whether the 8th defendant proposed a resolution to publish the expulsion decision and therefore could be liable for subsequent publications
  3. 3 Whether pleaded facts must be accepted as true where incontrovertible evidence shows otherwise

Ratio Decidendi

The court refused to grant the 8th defendant the strike-out relief sought because, on the pleaded facts and surrounding context (notice, voting form, subsequent meetings and votes) it was not plain and obvious that he could have no liability for publication; however the court, of its own motion, struck out the portion of paragraph 9 that inaccurately alleged the 30 May resolution included a decision to publish, and directed the plaintiff to serve an amended statement of claim within specified time limits; costs were apportioned (50% of the 8th defendant's costs here and below to be in the cause).

Court Disposition

Partially allowed on the court's own motion: part of paragraph 9 struck out; appeal against Master's decision not otherwise allowed; plaintiff directed to amend pleading; costs ordered.

Orders

  • Part of paragraph 9 of the statement of claim struck out from "and the voting result are as follows" to "reserve its rights against Mr Lam Kit Sing"
  • Plaintiff to provide draft amended statement of claim to the 8th defendant within 21 days