Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unambiguous impropriety

Legal area

Court

20 Jun 2016

CRANE WORLD ASIA PTE LTD v. HONTRADE ENGINEERING LTD

Citation

CRANE WORLD ASIA PTE LTD v. HONTRADE ENGINEERING LTD
Court

Court of First Instance
Case number

HCMP1405/2016

The court held that the Defendant's settlement term conditioning settlement on the witness refraining from giving a witness statement to the Plaintiff was an unambiguous impropriety that abused the without prejudice occasion; consequently the without prejudice privilege did not protect that evidence and the material referring to the offer of 26 November 2015 was admissible at trial. The Judge below erred in refusing admission.
20 May 2016

CRANE WORLD ASIA PTE LTD v. HOTRADE ENGINEERING LTD

Citation

CRANE WORLD ASIA PTE LTD v. HOTRADE ENGINEERING LTD
Court

Court of First Instance
Case number

HCA109/2014

The three letters were sent in the context of genuine without prejudice settlement negotiations and thus attracted without prejudice privilege; the material did not disclose clear or unambiguous impropriety (no established attempt to pervert the course of justice nor contempt) and was not shown to be relevant to the trial such that the without prejudice veil should be lifted, therefore the objected contents must be struck out/expunged from the witness statement.