19/09/2019 HCMP2801/2015 THE UNIVERSITY 87. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER In any event, in the circumstances of this case, the allegation that there was some wrongdoing in the majority decision of the Council is not one that I can summarily accept and find to be established in the setting of the present application. Take for example the allegation that what certain members of the Council said was libellous: even if there were prima facie defamatory statements made, there would still be questions as to whether qualified privilege attached to the communication and if so whether there was malice that defeated the privilege. Such allegations of wrongdoing or misbehaviour are matters that depend on evidence on which the University and Council, including individual opportunity to interlocutory Council contest. stage members These perhaps and explain concerned, other Powell must difficulties J’s be that observation Banking Corporation v John Fairfax Group Pty Ltd (1991) afforded an pervade the in Westpac 19 IPR 513, 525-526 that the balancing between the competing public interests is an exercise which “can rarely, if at all, be satisfactorily carried out at an interlocutory stage of proceedings, and on less than complete information”. 88. On the materials available at present, the University has an arguable claim that the public interest in upholding the confidentiality of the meetings of the Council should prevail. On the assumption that the University will succeed at trial, the effect of discharging the interlocutory injunction now will be to deprive the University, without a trial, of its rights and all opportunity of successfully obtaining final relief. 89. On the other hand, on the assumption that the University will fail at trial, the effect of continuing the interim injunction until trial will only be to postpone, not to prevent, the rightful disclosure by the Unknown Person of the information in question. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 30/33

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