Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exception for unambiguous impropriety

Legal area

Court

11 Oct 2023

CHOY HON KI AND ANOTHER v. 林家強

Citation

[2023] HKDC 1408
Court

District Court
Case number

DCCJ631/2018

On an objective assessment of the whole evidence, up to and including the October 2017 meetings there was no extant dispute as to title between the paper owners and the defendant; the communications and transcripts show acknowledgements of tenancy and willingness to purchase which negate an adverse possession dispute. Consequently WPP did not apply to the disputed materials up to that point and until 18 May 2018. After the defendant’s D&CC was filed on 18 May 2018, communications from 24 May 2018 onwards were plainly settlement negotiations related to an extant dispute and attract WPP; those…
30 Sept 2011

JOEL KAI THOMAS v. TAO HSIAO SHAN, ALICE

Citation

JOEL KAI THOMAS v. TAO HSIAO SHAN, ALICE
Court

Court of First Instance
Case number

HCMP209/2011

The without prejudice rule applied to the meetings; the alleged statements were protected and did not fall within the narrow exception for unambiguous impropriety because the alleged threats and admissions were, on the material, ambiguous or arguable and not manifest abuse; the court found an irresistible inference of surreptitious recording in breach of the parties' agreement which reinforced exclusion; accordingly the challenged passages and exhibit were struck out and indemnity costs awarded.