WONG MING YAU v. WONG WAI WA AND ANOTHER

WONG MING YAU v. WONG WAI WA AND ANOTHER

The family meeting constituted without prejudice settlement negotiations; therefore the audiovisual transcript and passages of witness statements referring to it are privileged and inadmissible; privilege was not waived because the applicant did not deploy the material in court.

Citation
WONG MING YAU v. WONG WAI WA AND ANOTHER
Parties
Plaintiff; Representative of the Estate of Ho See Fung: WONG KWONG LUNG; Defendant (hca 1111/2011) and Plaintiff (hcmp 1810/2011): WONG MING YAU; 1st Defendant (hcmp 1810/2011): WONG WAI WA; 2nd Defendant (hcmp 1810/2011): PERSONS IN OCCUPATION OF THE PROPERTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2014
Case Number
HCMP1810/2011
Procedural Posture
Civil (property / Succession) / Interlocutory Pre Trial Application in Chambers (application to Exclude Without Prejudice Material)
Outcome
Application allowed. The audiovisual transcript of the 12 March 2011 family meeting and the paragraphs of witness statements referring to it are excluded from evidence; privilege not waived.
Legal Topics
Without Prejudice Privilege, Admissibility of Settlement Negotiations, Waiver of Privilege, Costs
Source Language
EN
Evidence Civil Procedure Property Succession Without Prejudice Privilege Admissibility of Settlement Negotiations Waiver of Privilege Costs

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Parties

WONG KWONG LUNG

Plaintiff; Representative of the Estate of Ho See Fung

WONG MING YAU

Defendant (hca 1111/2011) and Plaintiff (hcmp 1810/2011)

WONG WAI WA

1st Defendant (hcmp 1810/2011)

PERSONS IN OCCUPATION OF THE PROPERTY

2nd Defendant (hcmp 1810/2011)

Procedural Posture

Civil (property / Succession) / Interlocutory Pre Trial Application in Chambers (application to Exclude Without Prejudice Material)

Legal Issues

  1. 1 Whether the family meeting on 12 March 2011 was protected by without prejudice privilege
  2. 2 Whether the without prejudice privilege was waived by delay or disclosure of transcripts
  3. 3 Whether the audiovisual transcript and related passages of witness statements are admissible at trial

Ratio Decidendi

The family meeting constituted without prejudice settlement negotiations; therefore the audiovisual transcript and passages of witness statements referring to it are privileged and inadmissible; privilege was not waived because the applicant did not deploy the material in court.

Court Disposition

Application allowed. The audiovisual transcript of the 12 March 2011 family meeting and the paragraphs of witness statements referring to it are excluded from evidence; privilege not waived.

Orders

  • The transcript of the 12 March 2011 family meeting and the paragraphs of the siblings', the father’s and the uncle’s witness statements which refer to the transcript and the meeting are excluded from evidence.
  • Applicant (Wong Ming yau) to have 70% of the costs with certificate for counsel; costs to be similarly assessed by the judge.