Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bad faith disclosure
  • 24 Mar 2006

    HKSAR v. CHAN KAU TAI

    Citation
    HKSAR v. CHAN KAU TAI
    Court
    Court of Appeal
    Case number
    CACC26/2004

    Because the Appellant's success on the appeal was partial and there were significant failures (notably on privacy and some right-of-silence grounds, and no finding of bad faith), the court exercised its discretion to make no order as to costs in respect of the appeal and the two directions hearings; however, the non-disclosure rendered the trial a mistrial so the Appellant is entitled to the trial costs, and the intervention application was unnecessary and should be paid for by the Respondent, so the Appellant is awarded costs for that application.