Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Special damage requirement

Legal area

Court

11 Jul 2018

ESTHER CHAN PUI KWAN（陳佩君）also known as CHAN PUI CHUN（陳佩珍）v. CHANG WA SHAN

Citation

[2018] HKCFA 29
Court

Court of Final Appeal
Case number

FACV2/2018

The Court held that where a communication to counsel is so closely connected with and necessary for intended use in judicial proceedings it falls within absolute privilege; courts may not rely to support an innuendo on extrinsic facts not specifically pleaded; and losses flowing from absolutely privileged republication are not recoverable against the original non-privileged publisher in the circumstances of this case. Accordingly the defendant's appeal was allowed and the plaintiff's appeal dismissed.
11 Jul 2018

CHANG WA SHAN v. ESTHER CHAN PUI KWAN（陳佩君）also known as CHAN PUI CHUN（陳佩珍）

Citation

[2018] HKCFA 29
Court

Court of Final Appeal
Case number

FACV3/2018

The Court unanimously dismissed the plaintiff's claims and allowed the defendant's appeal because the plaintiff failed to establish the pleaded innuendo meanings and could not prove special damage required for malicious falsehood; whether absolute privilege should be extended to the particular informant communications was treated as a contested legal point but unnecessary to the outcome, and in any event the pleaded case failed on pleading and damage grounds; costs awarded to defendant.