HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER

HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER

Leave to appeal was refused because the intended appeal lacked reasonable prospects of success: the judge properly applied the threshold for specific discovery by finding relevance and that documents likely existed; a lay meaning of 'brain disease' sufficed for relevance to alleged impairment; the temporal scope was a discretionary judgment for the trial judge; inference that donation/sponsorship records exist was open on the particulars; therefore no jurisdictional error or sufficient prospect to justify leave.

Citation
HO YUEN KI WINNIE AND ANOTHER v. HO HUNG SUN STANLEY AND ANOTHER
Parties
1st Plaintiff: HO YUEN KI WINNIE; 2nd Plaintiff: MOON VALLEY FOUNDATION LIMITED; 1st Defendant: HO HUNG SUN STANLEY; 2nd Defendant: SOCIEDADE DE TURISMO E DIVERSOES DE MACAU, S.A.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 August 2009
Case Number
HCMP1009/2009
Procedural Posture
Libel Action With Interlocutory Application for Specific Discovery and Intended Appeal / Application for Leave to Appeal Against Interlocutory Discovery Order (leave Refused)
Outcome
Application for leave to appeal dismissed; stay ordered by lower court falls away; order nisi for costs in favour of the 1st Defendant
Legal Topics
Specific Discovery, Leave for Interlocutory Appeal, Relevance and Existence Threshold for Discovery, Disclosure of Medical Records, Lucas Box Meanings
Source Language
EN
Defamation Civil Procedure Evidence Discovery Appeals Specific Discovery Leave for Interlocutory Appeal Relevance and Existence Threshold for Discovery +2 more

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Parties

HO YUEN KI WINNIE

1st Plaintiff

MOON VALLEY FOUNDATION LIMITED

2nd Plaintiff

HO HUNG SUN STANLEY

1st Defendant

SOCIEDADE DE TURISMO E DIVERSOES DE MACAU, S.A.

2nd Defendant

Procedural Posture

Libel Action With Interlocutory Application for Specific Discovery and Intended Appeal / Application for Leave to Appeal Against Interlocutory Discovery Order (leave Refused)

Legal Issues

  1. 1 Whether judge had jurisdiction to order specific discovery
  2. 2 Whether threshold established in Berkeley Administration v McClelland (relevance and existence) was met
  3. 3 Scope and temporal limits of medical records ordered

Ratio Decidendi

Leave to appeal was refused because the intended appeal lacked reasonable prospects of success: the judge properly applied the threshold for specific discovery by finding relevance and that documents likely existed; a lay meaning of 'brain disease' sufficed for relevance to alleged impairment; the temporal scope was a discretionary judgment for the trial judge; inference that donation/sponsorship records exist was open on the particulars; therefore no jurisdictional error or sufficient prospect to justify leave.

Court Disposition

Application for leave to appeal dismissed; stay ordered by lower court falls away; order nisi for costs in favour of the 1st Defendant

Orders

  • Leave to appeal refused
  • Application dismissed