NG WOON KING v. CHENG KAM WAH AND ANOTHER

NG WOON KING v. CHENG KAM WAH AND ANOTHER

The defendants published the letters to a third party (the tenant) which, read in context, imputed that the plaintiff had acted illegally in relation to the Tenancy Agreement; the imputation was defamatory; justification and fair comment failed on the facts; occasion of publication was prima facie privileged but privilege was defeated by malice because defendants did not believe the imputations and used the letters to pressure the plaintiff to sell; defendants therefore liable in libel and plaintiff awarded HKD 70,000 general and HKD 50,000 aggravated damages plus interest and costs.

Citation
[2019] HKDC 1662
Parties
Plaintiff: NG WOON KING; 1st Defendant: CHENG KAM WAH; 2nd Defendant: CHENG WAI CHUN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 December 2019
Case Number
DCCJ2235/2017
Procedural Posture
Defamation (libel) / Judgment
Outcome
Judgment for plaintiff for HKD 120,000 plus interest; costs ordered against 1st and 2nd defendants
Legal Topics
Libel, Qualified Privilege, Justification, Fair Comment, Aggravated Damages, Co Ownership, Tenancy Agreements, Mental Capacity
Source Language
EN
Defamation Property Civil Evidence Estate Matters Libel Qualified Privilege Justification Fair Comment +4 more

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Parties

NG WOON KING

Plaintiff

CHENG KAM WAH

1st Defendant

CHENG WAI CHUN

2nd Defendant

Procedural Posture

Defamation (libel) / Judgment

Legal Issues

  1. 1 Was there publication to a third party?
  2. 2 Did the words refer to the plaintiff?
  3. 3 What is the natural and ordinary meaning of the words?

Ratio Decidendi

The defendants published the letters to a third party (the tenant) which, read in context, imputed that the plaintiff had acted illegally in relation to the Tenancy Agreement; the imputation was defamatory; justification and fair comment failed on the facts; occasion of publication was prima facie privileged but privilege was defeated by malice because defendants did not believe the imputations and used the letters to pressure the plaintiff to sell; defendants therefore liable in libel and plaintiff awarded HKD 70,000 general and HKD 50,000 aggravated damages plus interest and costs.

Court Disposition

Judgment for plaintiff for HKD 120,000 plus interest; costs ordered against 1st and 2nd defendants

Orders

  • Judgment entered for the plaintiff in the sum of HKD 120,000 with interest at judgment rate from date of writ to payment
  • Order nisi that the 1st and 2nd defendants do pay the plaintiff's costs of the action, to be taxed if not agreed, with certificate for one counsel