黃衞中 對 陳純妮及另三人

黃衞中 對 陳純妮及另三人

The court found the documents filed by the plaintiff did not comply with the court's requirements for witness statements because they were not confined to the pleaded case and contained irrelevant and abusive material; accordingly the court made an unless order requiring the plaintiff to file proper witness...

Source-derived case information.

Citation
[2021] HKCFI 1717
Parties
Plaintiff: WONG WAI CHUNG (黃衞中); Defendant: CHAN SHUN NI (陳純妮); Defendant: LEUNG CHUNG CHEONG (梁中昌); Defendant: HO LIK KEI (何力驥); Defendant: HEUNG TO MIDDLE SCHOOL ALUMNI ASSOCIATION LIMITED trading under the style or name of HEUNG TO MIDDLE SCHOOL ALUMNI ASSOCIATION (香島中學校友會有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 June 2021
Case Number
HCA851/2013
Procedural Posture
Civil Jurisdiction (defamation) / Case Management / Directions Hearing (pre Trial)
Outcome
Unless order made: plaintiff must file compliant witness statements by 8 September 2021 or will be barred from filing any witness statements; directions hearing listed for 20 September 2021; costs reserved; possible dismissal if non-compliant.
Legal Topics
Witness Statements, Unless Order, Failure to Comply With Court Directions, Potential Dismissal for Non Compliance
Source Language
ch
Defamation Civil Procedure Vicarious Liability Case Management Witness Statements Unless Order Failure to Comply With Court Directions Potential Dismissal for Non Compliance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

WONG WAI CHUNG (黃衞中)

Plaintiff

CHAN SHUN NI (陳純妮)

Defendant

LEUNG CHUNG CHEONG (梁中昌)

Defendant

HO LIK KEI (何力驥)

Defendant

HEUNG TO MIDDLE SCHOOL ALUMNI ASSOCIATION LIMITED trading under the style or name of HEUNG TO MIDDLE SCHOOL ALUMNI ASSOCIATION (香島中學校友會有限公司)

Defendant

Procedural Posture

Civil Jurisdiction (defamation) / Case Management / Directions Hearing (pre Trial)

  1. 1 Whether the documents filed by the plaintiff complied with court requirements for witness statements and were confined to the pleaded case
  2. 2 Whether the plaintiff should be prohibited from filing any witness statements for failure to comply with directions
  3. 3 Whether the defendant employer (alumni association) may be vicariously liable for the employee's alleged publications

Ratio Decidendi

The court found the documents filed by the plaintiff did not comply with the court's requirements for witness statements because they were not confined to the pleaded case and contained irrelevant and abusive material; accordingly the court made an unless order requiring the plaintiff to file proper witness statements by 8 September 2021 and barred the plaintiff from filing any witness statements in the absence of compliance, with a directions hearing fixed for 20 September 2021 and a warning that non-compliance would likely lead to dismissal of the claim.

Court Disposition

Unless order made: plaintiff must file compliant witness statements by 8 September 2021 or will be barred from filing any witness statements; directions hearing listed for 20 September 2021; costs reserved; possible dismissal if non-compliant.

Orders

  • Unless order: plaintiff to file proper witness statements complying with court requirements with the court clerk by 8 September 2021 (one filing only)
  • If plaintiff fails to comply, plaintiff shall not file any witness statements in this action