查看完整版本 : Do law students have to learn about “serious material non-disclosure”?

harefoot1040 2018-2-1 09:41 PM

Do law students have to learn about “serious material non-disclosure”?

What is “serious material non-disclosure” and what are its consequences? Is this something law students need to learn? LLB or PCLL?

[url=http://www.hklii.hk/eng/hk/cases/hkcfi/2013/2189.html]http://www.hklii.hk/eng/hk/cases/hkcfi/2013/2189.html[/url]

IN THE ESTATE OF PONG CHIN KWAN, DECEASED v. PONG CHIN KONG (ADMINISTRATOR OF THE ESTATE OF AU YEUNG KEE, DECEASED) [2013] HKCFI 2189; [2014] 4 HKC 451; HCMP 2836/2013 (8 November 2013)

9. As it is, however, the application was made ex parte contrary, in my view, to the principles enunciated by Rogers VP in Ho Tak Eng v Fame Brilliant Limited [2005] HKDC 269; [2006] 1 HKLRD 34. I am not sure that what his Lordship said there has been sufficiently appreciated by practitioners generally and particularly by the plaintiff’s representatives in this case.

21. In view of the serious material non-disclosure, I shall order costs forthwith on an indemnity basis against the plaintiff to be taxed if not agreed.

(Godfrey Lam)
Judge of the Court of First Instance
High Court

Ms Clara Yung, instructed by John Ho & Tsui, for the plaintiff

Mr Yan Kwok-wing, instructed by Gilbert Tang & Co, for the defendant

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[[i] 本帖最後由 harefoot1040 於 2018-2-2 10:59 AM 編輯 [/i]]

henrypottinger 2018-2-2 04:48 PM

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lindachung4ever 2018-3-25 01:28 AM

“ I am not sure that what his Lordship said there has been sufficiently appreciated by practitioners generally and particularly by the plaintiff’s representatives in this case.”

;P

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joyceleung2002 2018-4-11 03:02 AM

[quote]原帖由 [i]lindachung4ever[/i] 於 2018-3-25 01:28 AM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=477400007&ptid=27220244][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
“ I am not sure that what his Lordship said there has been sufficiently appreciated by practitioners generally and particularly by the plaintiff’s representatives in this case.”

;P

[/quote]
恐怖片 😅

Rochefoucauld 2018-4-13 12:37 PM

好難想像係法官寫既野

koreanbbq2 2018-4-15 03:56 AM

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z05162018 2018-5-25 01:55 PM

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Slowhead 2018-6-2 09:41 PM

"I think the Judge was saying:
(1) The application for an injunction in that case shouldn't've been made ex-parte; and
(2) The applicant has failed to disclose what the Judge said in para 10 to 16 to the Deputy judge, who had granted the applicant the injunction.

There is a duty for the parties to disclosure all the relevant information to the court. So, what he said "serious material non-disclosure" is not a "legal principle" which could become a topic for LLB student. I think it is just "common sense" to any legally trained person, student or practitioner.

Because the applicant has failed to "[i]makes full and frank disclosure to the judge hearing the ex parte application" [/i](para. 10). S/he should pay the legal costs.

[[i] 本帖最後由 Slowhead 於 2018-6-2 09:57 PM 編輯 [/i]]

z05162018 2018-6-30 04:25 PM

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