Hong Kong Case Law: Decisions & Judgments

Topic

Implied undertaking of confidentiality

Legal area

Court

7 Nov 2018

MRS. A by LPCR her next friend V. The Executors of the Estate of A

Citation

[2018] HKFC 196
Court

Family Court
Case number

FCMC15415/2009

The Family Court held that the Form E and the whole Settlement Order are relevant and necessary to the High Court proceedings and that, on a proportionality balancing exercise, the public interest in open justice and the material value of the documents to the administration of justice outweigh the deceased’s confidentiality interest; the Executors’ proposed restrictions (including mandatory in camera hearing and limiting disclosure to judge and approved persons) were unworkable and would interfere with the High Court’s case management, therefore leave to use the documents was granted and prio…
20 Dec 2012

LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS

Citation

LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS
Court

Court of Appeal
Case number

CACV34/2012

The court held that the deceased's right to enforce the implied undertaking in ancillary relief proceedings survives death and passes to the executors under s20; executors are entitled to appear in the disclosure application to assist the court but must adopt a neutral stance and not actively oppose the beneficiary's application; the Beddoe Order was varied to permit executors to appear neutrally and to be indemnified for costs incurred in that neutral role; the deputy judge's orders requiring the beneficiary to pay the executors' hearing costs were set aside and costs reallocated to the esta…

Hong Kong Case Law

MRS. A by LPCR her next friend V. The Executors of the Estate of A

LI KWOK PO DAVID AND ANOTHER v. MONG SIEN YEE CYNTHIA AND OTHERS