FAN CHAK WAH EDMOND AND ANOTHER v. LAM WAI KEUNG AND OTHERS

FAN CHAK WAH EDMOND AND ANOTHER v. LAM WAI KEUNG AND OTHERS

One impugned letter (14 June) bore an element of falsity in implying a council decision when none had been taken, but the plaintiffs failed to prove malice or pecuniary loss for any letter; therefore declarations for malicious falsehood were refused and the action did not succeed.

Citation
FAN CHAK WAH EDMOND AND ANOTHER v. LAM WAI KEUNG AND OTHERS
Parties
Plaintiff (president of Islands District Football Club): Mr Fan; Plaintiff (chairman of Islands District Football Club): Mr Yam; Plaintiff (club): Islands District Football Club (IDFC); 1st Defendant (chairman of Islands District Council): Lam Wai-Keung; 2nd Defendant (district Council): Islands District Council; 3rd Defendant (association): Hong Kong Football Association Limited (HKFA)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2009
Case Number
HCA1318/2007
Procedural Posture
Malicious Falsehood (tort) / Judgment Following Trial
Outcome
Declarations sought by plaintiffs refused; claim for malicious falsehood dismissed for lack of malice and lack of proved pecuniary loss (save for finding of partial falsity in the 14 June letter without actionable consequence)
Legal Topics
Malicious Falsehood, Publication, Special Damage (pecuniary Loss), Authority of Representative Bodies, Minutes and Standing Orders, Club Registration and Voting Rights
Source Language
EN
Tort Defamation/malicious Falsehood Administrative Law Sports Association Law Malicious Falsehood Publication Special Damage (pecuniary Loss) Authority of Representative Bodies +2 more

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Parties

Mr Fan

Plaintiff (president of Islands District Football Club)

Mr Yam

Plaintiff (chairman of Islands District Football Club)

Islands District Football Club (IDFC)

Plaintiff (club)

Lam Wai-Keung

1st Defendant (chairman of Islands District Council)

Islands District Council

2nd Defendant (district Council)

Hong Kong Football Association Limited (HKFA)

3rd Defendant (association)

Procedural Posture

Malicious Falsehood (tort) / Judgment Following Trial

Legal Issues

  1. 1 Whether the impugned letters were false
  2. 2 Whether the letters were published maliciously (improper motive/recklessness)
  3. 3 Whether plaintiffs proved special/pecuniary damage resulting from publication

Ratio Decidendi

One impugned letter (14 June) bore an element of falsity in implying a council decision when none had been taken, but the plaintiffs failed to prove malice or pecuniary loss for any letter; therefore declarations for malicious falsehood were refused and the action did not succeed.

Court Disposition

Declarations sought by plaintiffs refused; claim for malicious falsehood dismissed for lack of malice and lack of proved pecuniary loss (save for finding of partial falsity in the 14 June letter without actionable consequence)

Orders

  • Decline to make the declarations sought by the plaintiffs
  • No order as to costs between the plaintiffs and the 1st and 2nd defendants