Lai Yi v Tsui Kin Chung

Lands Tribunal
Part IV Possession Application No. 1406 of 2015
Judge Wong King Wah in Chambers
Civil Procedure
5 October 2015

Parties – anonymity – causing of embarrassment or inconvenience or emotional disturbance to party, even though with medical condition, was insufficient for granting of anonymity order

In proceedings before the Lands Tribunal, T sought an anonymity order, claiming he suffered from chronic depression and that the publication of a judgment would inevitably reveal his identity and affect his medical condition.

Held, in dismissing the application, that causing embarrassment or inconvenience or emotional disturbance to a party, even one with a medical condition, was an insufficient basis to grant an anonymity order, as these were the normal incidents of litigation. Whether the effect would be so severe as to endanger one’s life or seriously affect one’s health to the extent of justifying an anonymity order depended entirely on the seriousness of one’s medical condition. Here, T had failed to establish the need for an anonymity order. His claim that he was vulnerable and overreacted was unsupported by medical evidence. Further, whether his condition was being adequately managed by medication was also an important consideration, but evidence in this respect was lacking. The seriousness of T’s problem and the likely impact of publicity of the order on him was unknown.

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