H v. W

H v. W

The summons to expunge was dismissed: the Addendum, although not admissible as an expert report, may remain in court files as correspondence and HHJ Melloy's direction did not justify wholesale expunction; alleged contamination of expert reports goes to weight not admissibility and must be determined at trial after cross‑examination; the court lacks basis to expunge documents from Social Welfare Department files; L Reports cannot be expunged absent definitive findings from HKPS.

Citation
[2022] HKFC 211
Parties
Petitioner: H; Respondent: W
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
29 September 2022
Case Number
FCMC8332/2017
Procedural Posture
Matrimonial Causes No. 8332 of 2017 / Summons to Expunge Documents; Ex Tempore Decision in Chambers (29 Sep 2022)
Outcome
W's Summons dismissed in its entirety
Legal Topics
Expunction of Documents, Admissibility of Expert Reports, Social Welfare and Expert Reports, Child Custody and Relocation Proceedings
Source Language
EN
Family Law Evidence Civil Procedure Expunction of Documents Admissibility of Expert Reports Social Welfare and Expert Reports Child Custody and Relocation Proceedings

Case Brief

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Parties

H

Petitioner

W

Respondent

Procedural Posture

Matrimonial Causes No. 8332 of 2017 / Summons to Expunge Documents; Ex Tempore Decision in Chambers (29 Sep 2022)

Legal Issues

  1. 1 Whether the Addendum should be expunged from the Court file and party filings
  2. 2 Whether the Court may order expunction of documents from Social Welfare Department or other third party files
  3. 3 Whether the Social Investigation Report and Clinical Psychologist Report should be expunged for alleged contamination by the Addendum

Ratio Decidendi

The summons to expunge was dismissed: the Addendum, although not admissible as an expert report, may remain in court files as correspondence and HHJ Melloy's direction did not justify wholesale expunction; alleged contamination of expert reports goes to weight not admissibility and must be determined at trial after cross‑examination; the court lacks basis to expunge documents from Social Welfare Department files; L Reports cannot be expunged absent definitive findings from HKPS.

Court Disposition

W's Summons dismissed in its entirety

Orders

  • Summons dismissed in its entirety
  • The Addendum is not expunged from the Court's files or from references in Court documents and parties' affirmations