WONG YING CHOW v. WONG HANG YIN

WONG YING CHOW v. WONG HANG YIN

Judge accepted Plaintiff's and supporting witnesses' evidence, rejected Defendant's and defence witnesses as unreliable, found the Defendant did utter the defamatory words referring to the Plaintiff, found the words false and defamatory, found malice established which defeated the defences of qualified privilege,...

Source-derived case information.

Citation
WONG YING CHOW v. WONG HANG YIN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 May 2010
Case Number
DCCJ4078/2005
Procedural Posture
Defamation Slander / Judgment (trial)
Outcome
Judgment entered for the Plaintiff
Legal Topics
Qualified Privilege, Fair Comment, Justification, Malice, Aggravated Damages, Injunction
Source Language
en
Defamation Tort Civil Procedure Remedies Qualified Privilege Fair Comment Justification Malice +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Defamation Slander / Judgment (trial)

Legal Issues

  1. 1 Whether the Defendant uttered the alleged words at the meeting
  2. 2 Whether the words referred to or were capable of referring to the Plaintiff
  3. 3 Whether the occasion attracted qualified privilege

Ratio Decidendi

Judge accepted Plaintiff's and supporting witnesses' evidence, rejected Defendant's and defence witnesses as unreliable, found the Defendant did utter the defamatory words referring to the Plaintiff, found the words false and defamatory, found malice established which defeated the defences of qualified privilege, fair comment and justification, awarded damages and granted an injunction.

Court Disposition

Judgment entered for the Plaintiff

Orders

  • Judgment for the Plaintiff against the Defendant in the sum of HK$200000 with interest at judgment rate from date of Writ until payment
  • Injunction restraining the Defendant from publishing or causing to be published the Words or similar words