Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Privilege (absolute and qualified)

Legal area

Court

30 Oct 2020

CHARLES C. SPACKMAN AND ANOTHER v. SANG CHEOL WOO

Citation

[2020] HKCFI 2748
Court

Court of First Instance
Case number

HCA571/2019

The court found material nondisclosures in the plaintiffs' ex parte applications — primarily the misrepresentation about which NY Proceedings Documents were sent to which recipients and the failure to disclose a likely argument that Mr Spackman controlled SMG — and held those omissions were material to the jurisdictional assessment and the appropriateness of Hong Kong as forum; accordingly the orders granting leave to serve out and substituted service and the interlocutory default judgment were set aside, but limited leave was regranted to SMG in respect of the NY Memorandum published to five…
19 Feb 2003

GEORGE Y.C. MOK & CO. (a firm) v. TRADE ADVISERS CO LTD AND OTHERS

Citation

GEORGE Y.C. MOK & CO. (a firm) v. TRADE ADVISERS CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA5019/2001

Although the court has a residual discretion to order a jury trial despite an out‑of‑time application under s.33A(2), the defendants failed to provide sufficient explanation or affidavits justifying variation of the earlier order; the issues (privilege) are mainly legal and not appropriate for a jury; therefore the discretion was not exercised in the defendants' favor and the application was dismissed with costs to the plaintiff of $3,500 payable forthwith.