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

The 1st defendant established a prima facie case for specific discovery of (a) the 1st plaintiff's medical records and documents mentioning impairment to reasoning/thinking/social intercourse from 4 February 2002 to present, and (b) documents relating to the 2nd plaintiff's specific activities/events particularised in the defendant's voluntary particulars; broader discovery (general accounts, all donations, unspecified activities) was refused as too wide and fishing; production application is premature.

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
29 April 2009
Case Number
HCA391/2006
Procedural Posture
Libel (defamation) Action / Application for Specific Discovery (judgment on Discovery Application in Chambers)
Outcome
Application for specific discovery granted in part and refused in part; production application refused as premature
Legal Topics
Specific Discovery, Lucas Box Defence, Medical Records Disclosure, Scope and Proportionality of Discovery, Fishing Expedition, Costs
Source Language
EN
Defamation Civil Procedure Evidence Privacy/medical Confidentiality Specific Discovery Lucas Box Defence Medical Records Disclosure Scope and Proportionality of Discovery +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

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 (defamation) Action / Application for Specific Discovery (judgment on Discovery Application in Chambers)

Legal Issues

  1. 1 Whether applicant for specific discovery established prima facie that relevant documents exist and are in opponent's possession
  2. 2 Whether documents sought (medical records and complaints) are sufficiently relevant to the Lucas-Box meanings pleaded
  3. 3 Whether term 'brain disease' as pleaded can arguably cover psychiatric conditions such as PTSD

Ratio Decidendi

The 1st defendant established a prima facie case for specific discovery of (a) the 1st plaintiff's medical records and documents mentioning impairment to reasoning/thinking/social intercourse from 4 February 2002 to present, and (b) documents relating to the 2nd plaintiff's specific activities/events particularised in the defendant's voluntary particulars; broader discovery (general accounts, all donations, unspecified activities) was refused as too wide and fishing; production application is premature.

Court Disposition

Application for specific discovery granted in part and refused in part; production application refused as premature

Orders

  • Order for specific discovery of the 1st plaintiff's medical records and documents mentioning any impairment to her ability to reason, think or engage in social intercourse for the period from 4 February 2002 to present
  • Order for specific discovery of documents relating to the 2nd plaintiff only insofar as they concern the activities and events already particularised in the 1st defendant's voluntary particulars