19 Nov 2021
THE INCORPORATED OWNERS OF SHATIN NEW TOWN AND OTHERS v. CHEUNG KWOK KEUNG AND OTHERS
- Citation
- [2021] HKDC 1449
- Court
- District Court
- Case number
- DCCJ2684/2019
The court dismissed both summonses because the applicant failed to satisfy the Bonnard v Perryman criteria: he did not exclude the possibility of a successful defence (qualified privilege applied and was plausibly available), failed to demonstrate a real threat or intention to republish, and could not establish malice on interlocutory affidavit evidence; additionally the application to admit late police evidence failed Ladd v Marshall's first and second conditions (evidence obtainable with reasonable diligence and unlikely to change the interlocutory outcome).