Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to depart jurisdiction
  • 27 Jul 2007

    NINH DIEP v. LUIGI FERRINI

    Citation
    NINH DIEP v. LUIGI FERRINI
    Court
    District Court
    Case number
    DCPI1152/2006

    The prohibition order was set aside because the without prejudice statements were protected by privilege and thus inadmissible; even if admissible they did not establish on the balance of probabilities that the defendant was about to leave Hong Kong imminently; the plaintiff's unexplained five week delay in bringing the ex parte application was an abuse; and the defendant had not been shown to have a substantial defence. These grounds justified setting aside the prohibition order and refusing renewal.