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Warren Ganesh

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RPC | Hong Kong | 13 Jul 2021

Court considers legal privilege and journalistic material in context of national security law

In an interesting decision, handed down recently and described as "the first case of its type" in Hong Kong, the Court of First Instance of the High Court had to consider claims to legal professional privilege and journalistic material in the context of orders for the production of documents made pursuant to the relevant implementation rules for the national security law. The court's decision......
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RPC | Hong Kong | 30 Mar 2021

Burden of proving witness competency

The Court of Appeal recently reviewed what appears to have been a novel point regarding which party in civil proceedings has the burden of proving that a witness is competent to give evidence at the time of giving evidence. The decision of the first-instance judge and Court of Appeal on the principal point in dispute accords with what is the commonly held understanding – namely, that it is......
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RPC | Hong Kong | 26 Jan 2021

Court considers claim to money in court once injunction discharged

The High Court recently allowed a defendant's application for the release to him of a sum of money paid into court by the plaintiffs in order to fortify an asset freezing injunction that the plaintiffs had obtained against (among others) the defendant. The case reviews some interesting legal issues with regard to Quistclose trust claims in the context of payments into court. It also draws......
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RPC | Hong Kong | 1 Sep 2020

Court of Appeal reviews summary judgment in 'water leakage' disputes

The Court of Appeal recently considered the general principles for granting summary judgment (judgment without trial) in the context of cases involving 'water leakage' between apartments above and below one another. Summary judgment is difficult to obtain in Hong Kong, save for simple debt-type actions. However, there tend to be few winners in neighbour disputes involving water leakage which......
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RPC | Hong Kong | 3 Mar 2020

Court considers freezing of assets and 'Chabra' jurisdiction

In a recent case, the Court of First Instance discharged ex parte (without notice) injunctions restraining the second defendant from disposing of or dealing with its assets in Hong Kong. The injunctions were granted in aid only of the plaintiffs' claims against the first defendant which were being pursued in parallel proceedings in mainland China. This was on the basis that the second......
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RPC | Hong Kong | 7 Jan 2020

No 'cherry picking' of wide-ranging without prejudice discussions

In Poon v Poon, the defendant successfully applied to have certain paragraphs excluded from witness statements filed on behalf of the plaintiff on the basis that they referred to without prejudice conversations and meetings. The judgment applies established principles that underpin the protection given to without prejudice communications and demonstrates the court's reluctance to allow a......
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RPC | Hong Kong | 10 Dec 2019

Assessment of costs in District Court out of date

The monetary jurisdiction for civil cases heard by Hong Kong's busy District Court was significantly increased in December 2018. In light of this, the District Court now determines more complex and important civil cases. Therefore, a good case can be made for the abolition of the so-called 'Two-Thirds Rule'. If this is a step too far, a legislative provision should be implemented that......
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RPC | Hong Kong | 15 Oct 2019

Permission to appeal order for production of documents to liquidators refused

The Court of Appeal has refused permission to appeal an apparently wide-ranging order for the production of documents made in favour of the liquidators in China Medical Technologies Inc v Tsang. Despite the respondent's best efforts, the Court of Appeal decided that the issues stated to arise out of its judgment did not raise questions of great general or public importance. The outcome of the......
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RPC | Hong Kong | 10 Sep 2019

Court rejects solicitors' application to dismiss based on time-bar

The High Court recently rejected a defendant solicitors' firm's application to strike out a plaintiff's claim on the ground that it was commenced too late. Given the relatively high threshold in Hong Kong for an applicant to succeed with an application to strike out a claim before trial, the court's decision is not surprising. However, the written reasons given in the decision are a useful......
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RPC | Hong Kong | 30 Jul 2019

Settlement offers and costs disputes

The issue of liability for costs plays a big part in the settlement of protracted civil litigation in Hong Kong. In particular, where the parties refuse to bear their own costs, which party will pay the other's costs becomes an important consideration. As another recent case demonstrates, without prejudice settlement offers can (among other things) seek to protect a party's position as to......
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