Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fdr confidentiality and privilege

Legal area

Court

31 May 2024

CSFK v. HWH

Citation

[2024] HKFC 112
Court

Family Court
Case number

FCMC15072/2013

Leave to appeal out of time was refused because the one-year delay was substantial and inexcusable, the intended appeal had no real or reasonable prospect of success on the central issues (the Memorandum was signed after the FDR and not within protected FDR communications, and privilege was waived by disclosure), and no other interests of justice warranted hearing the appeal; costs were ordered against the applicant in the sum of $106,724.
19 Dec 2022

CSFK v. HWH

Citation

[2022] HKFC 267
Court

Family Court
Case number

FCMC15072/2013

The Memorandum is admissible at the ancillary relief trial because it was signed after the conclusion of the first FDR hearing and outside the course of that FDR, and therefore is not automatically protected by FDR confidentiality or without prejudice privilege; moreover the respondent had made open references to the Memorandum in non-FDR hearings amounting to waiver; factual disputes including alleged fraud require resolution at trial rather than in this interlocutory application; accordingly the Memorandum must be considered by the trial judge under s7 MPPO and the presiding judge must be a…