Nam Tai Electronics, Inc. v. Pricewaterhousecoopers

FAMV No. 47 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2006 (Civil)

(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV No. 99 of 2005)

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Between:

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 12 January 2007

Date of Determination: 12 January 2007

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D E T E R M I N A T I O N

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Mr Justice Ribeiro PJ:

1.The plaintiff brought proceedings against the defendant for defamation and breach of confidence.  The action was dismissed by Waung J and its appeal to the Court of Appeal was unsuccessful.  It now seeks leave to appeal to the Court of Final Appeal.

2.In relation to the defamation claim, Sir John Swaine SC, appearing for the applicant, advanced as a proposed ground of appeal, a criticism of the approach adopted below involving the attribution of a single “right” meaning to the words complained of.  Whatever may be the merits of that criticism, we consider that the conclusion ultimately reached by the Judge and the Court of Appeal, namely, that the words published were essentially neutral and not defamatory, to be correct.  It is in any event our view that the defamation claim involves no question of great general or public importance. 

3.However, in relation to the claim based on breach of confidence, the facts of this case and the decisions below appear to us to raise a question of great general or public importance which ought to be referred to the Court for determination.  It may be formulated as follows, namely:

In what circumstances, and to what extent, may a duty of confidentiality be relaxed to allow a person subject to that duty to defend himself against an adverse allegation made against him by the person to whom that duty is owed?

4.We grant leave to appeal confined to the question so stated.

Sir John Swaine SC (instructed by Messrs Wilkinson & Grist) for the applicant

Mr Joseph Fok SC and Mr Alexander Stock (instructed by Messrs Barlow Lyde & Gilbert) for the respondent