Read the full judgment text of HCMP 3089/2014 on BabelCite. This Court of Appeal judgment was delivered on 27 January 2015 before Cheung CJHC, Lam VP.
Civil procedure – leave to appeal – defamation – cross-claims – qualified privilege – malice – aggravated damages – exemplary damages – reasonably arguable grounds – interest of justice – new grounds – Order 59 rule 2A(8) – costs in the cause – The Incorporated Owners of Tung Lo Court v Tsui Wai Yip – The defendant applied for leave to appeal against a defamation judgment where the trial judge found both parties liable for defamation and awarded damages. The Court of Appeal granted leave on grounds 1-16, 24, and 27 of the draft Notice of Appeal, relating to the plaintiff's claim, but refused leave on grounds 17-23 and 25-26 concerning the defendant's counterclaim, finding them not reasonably arguable or unmeritorious. The court also made an order under Order 59 rule 2A(8) that no oral hearing be requested for the refused grounds, and ordered costs of the application to be in the cause of the appeal.
Legal issues: Leave to appeal against defamation judgment
Outcome: Leave to appeal granted in part to the defendant on grounds 1-16, 24, and 27; leave refused on grounds 17-23 and 25-26.
Cited by 2 cases · Cites 1 case