27 May 1997
TSE NGAR FONG v. POON BUN CHAK
- Citation
- TSE NGAR FONG v. POON BUN CHAK
- Court
- Court of Appeal
- Case number
- CACV89/1997
The appeal is allowed because the Deputy Judge did not properly investigate or determine the factual basis for the claim of legal professional privilege and any waiver; the order for inspection is set aside and the matter is remitted to the Deputy Judge to determine, after appropriate factual inquiry, whether privilege attaches to the diaries or parts thereof and the extent, if any, of waiver (applying the dominant purpose test).