Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-party privilege
  • 13 Sept 1978

    MUTUAL UNDERWRITERS LTD AND OTHERS v. YU KAM-CHUNG

    Citation
    MUTUAL UNDERWRITERS LTD AND OTHERS v. YU KAM-CHUNG
    Court
    Court of Appeal
    Case number
    CACV19/1978

    A notice of accident is not ipso facto privileged; a non-party insurer must demonstrate privilege on its own rights; documents and correspondence created for the purpose of ascertaining factual details of an accident (as opposed to obtaining legal advice) are prima facie relevant and must be disclosed to the extent they were not prepared for legal advice; therefore the appellants' appeal is dismissed and the respondent's cross-appeal allowing disclosure of the notice and relevant correspondence is allowed.