5 Oct 2001
MA BIK YUNG v. KO CHUEN
- Citation
- MA BIK YUNG v. KO CHUEN
- Court
- Court of Final Appeal
- Case number
- FACV25/2000
Section 72(4)(b) can encompass an order requiring an apology, including against an unwilling defendant, but only in rare and exceptional cases where an insincere compelled apology would nonetheless be a reasonable act that would redress the plaintiff's loss; such orders must be approached with great circumspection, provisional orders (nisi) and opportunity to be heard should be used, and where not ordered the court should adjust other remedies (eg increase damages). In this case the circumstances were not exceptional and no apology order should be made; appeal dismissed.