19 Feb 2024
SARAH TANYA BORWEIN OLSEN v. MARKET DRAGON LTD AND ANOTHER
- Citation
- [2024] HKCFI 516
- Court
- Court of First Instance
- Case number
- HCMP173/2022
The amended summons to expunge without prejudice materials was dismissed because the petitioner, by exhibiting the 24 October 2020 open letter containing paraphrases of earlier without prejudice correspondence and by pleading and referring to the same matters in her supporting affirmation and witness statements, deployed the without prejudice materials and thereby waived the privilege; it would not be unjust to find waiver; accordingly expungement was refused and costs awarded on an indemnity basis to the Company and R2.