28 Feb 2025
LEUNG CHI CHING CANDY v. YEUNG HON SING
- Citation
- [2025] HKDC 197
- Court
- District Court
- Case number
- DCCJ5079/2015
The Court held that the re-trial limited to malice must proceed on the basis of the DDJ's findings of underlying facts unless overturned by the Court of Appeal; applying the proper subjective test for malice in the context of qualified privilege and considering the additional materials and evidence permitted by the remitter, the plaintiff failed to prove that the defendant did not believe what he published, was reckless as to truth, or had a dominant improper motive; accordingly qualified privilege was not rebutted and the plaintiff's claim was dismissed.