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31 Aug 2023

Disclosure of mediation communications in litigation

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Lam Cheung Fong林張豐v 黃亞新 [2022] HKCFI 3802

A dispute arose over the disclosure of mediation communication in the course of court proceedings. The Mediation Ordinance (Cap 620) ("MO") defines "mediation communication" as (a) anything said or done; (b) any document prepared; or (c) any information provided, for the purpose of or in the course of mediation. The defendant filed two affirmations opposing an interim injunction granted to the plaintiff. The plaintiff sought to strike out the paragraphs of the defendant's affirmations that revealed the parties' previous mediation communications, claiming that the defendant was in breach of the confidentiality requirement of the MO. The master allowed the plaintiff's application to strike out the relevant paragraphs. Subsequently, the defendant appealed.

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