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Anonymity Order granted to Claimant Jennifer Baccanello set aside in sexual harassment action against Hong Kong lawyer, Stefano Mariani
Baccanello voluntarily discontinues her claim for sexual harassment
Key Points
- Hong Kong District Court has set aside the Anonymity Order granted to Claimant, Jennifer Baccanello, on 4 October 2023
- Baccanello ordered to pay Stefano Mariani’s costs in his application for the Anonymity Order to be lifted
- The Judge’s decision raises important questions around the proper use of Anonymity Orders, where there is scope for their abuse by claimants seeking to make allegations without themselves facing scrutiny
- Mariani has commenced defamation proceedings against Baccanello and her husband in connection with untrue defamatory emails sent by them in 2023.
HONG KONG, June 4, 2024 /PRNewswire/ — On 30 April 2024 the Hong Kong District Court handed down its Decision* ordering that the Anonymity Order granted to the Claimant, Jennifer Baccanello, on 4 October 2023 in her claim for sexual harassment against Stefano Mariani in Action DCEO 11/2023 be set aside. The Judge also ordered Ms Baccanello, 33, to pay Mr Mariani’s costs of his application to set aside the Anonymity Order
Ms Baccanello, who is a registered foreign lawyer at Hong Kong law firm, Deacons, where Mr Mariani was formerly a partner, has since wholly discontinued her action against Mr Mariani and will therefore also have to pay all his legal costs for the underlying action.
Ms Baccanello’s Notice of Claim, in which her name was anonymised, and which was circulated widely online and attracted extensive comment, alleged that Mr Mariani sexually harassed her contrary to sections 2(5)(a) – (5)(b) and 23 of the Sex Discrimination Ordinance when they were both employed at Deacons, despite Deacons having conducted an internal investigation and finding that “there were insufficient evidence or grounds to support [Ms Baccanello’s] claim for sexual harassment” against Mr Mariani, and Ms Baccanello confirming in writing “her agreement and understanding” to Deacons’ conclusion.
In his Decision, the Judge found that Ms Baccanello had completely failed to discharge her duty to make full, fair and accurate disclosure of all material information to the Court when making her ex parte (made without notifying the other party) application for an Anonymity Order.
Having read the WhatsApp messages exchanged between Mr Mariani and Ms Baccanello during the course of their relationship, and whilst noting that he should not make any factual findings at this stage, the Judge commented at paragraph 51 of his Decision:
“However, by my plain reading on the face of these messages within the whole context, I agree with Mr. Bartlett [Mr Mariani’s barrister] that they appear to show that this was simply a romantic affair, entered into freely and consensually, and it ended by mutual agreement because of various factors (including perhaps a mismatch of expected level of commitments). Importantly, at least on the face of these records, I find no obvious evidence of any accusation of improper conduct of any description by either party.”
He further observed at paragraph 73 that there was “some force” in the argument advanced by Mr Mariani’s barrister that Ms Baccanello’s presentation of the evidence “went beyond a simple failure of material non-disclosure, but was a deliberate attempt to mislead the court“.
The Decision addresses:
- the legal principles to be applied in the granting of Anonymity Orders, taking into account the general requirement for open justice (to promote the honesty of litigants) and the matters to be considered for any derogation from this guiding principle by applying a “weighing exercise” to decide whether one litigant should be allowed to hide behind a shield of anonymity;
- the justification for making / retaining Orders made on an ex parte basis, including urgency and the quality / timing of supporting evidence (including medical evidence) as well as the duties owed to the Court when making such ex parte applications, including the high duty of making “full, fair and accurate disclosure” and the duty of not misleading the Court; and
- briefly, the effectiveness of traditional Anonymity Orders in the context of all-pervasive social media.
On 16 May 2024, Mr Mariani commenced defamation proceedings** in the Hong Kong High Court against Ms Baccanello and her husband in relation to defamatory e-mails which they had sent to various recipients between January and August 2023.
*Decision of 30 April 2024 in DCEO 11/2023:
**HCA 896/2024
PRESS RELEASE ISSUED BY BOWERS, SOLICITORS FOR STEFANO MARIANI
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HONG KONG, Aug. 7, 2024 /PRNewswire/ — COCA, a pioneering force in the crypto wallet and financial services industry, has achieved several remarkable milestones in Q2 2024. Thanks to the steadfast support of its user community, COCA has launched new features, expanded its partnerships, and garnered prestigious accolades, further solidifying its position as a leader in the crypto space.
Launch of Physical Cards
COCA has introduced its highly anticipated physical cards, which are now available globally and compatible with Apple Pay and Google Pay. These cards allow users to make transactions with ease, earning cashback rewards on their purchases. This significant launch marks a step forward in integrating crypto with everyday financial activities, enhancing user convenience and financial flexibility.
Wallet Growth Milestone
The company has reached a significant milestone with 510,000 active wallets, reflecting a 102% growth quarter-on-quarter. This surge in active wallets highlights the increasing trust and adoption of COCA’s platform, as more users join the COCA community to manage their crypto assets securely and efficiently.
Transaction Volume Surge
In Q2 2024, COCA processed over USD 450,000 in transactions through its platform, demonstrating the robust usage and popularity of its financial services. This impressive transaction volume underscores COCA’s commitment to providing smooth and efficient crypto payment solutions.
Integration with Revolut
COCA has made it easier for users to fund their wallets by integrating with Revolut. This new feature allows seamless loading of crypto assets, enhancing the overall user experience and accessibility of COCA’s services.
Award Recognition
COCA has been honoured with the “Best Startup” award in the Financial Revolution category at CONF3RENCE & BLOCKCHANCE 2024. This award is a testament to COCA’s innovative approach and significant impact on the future of finance, recognizing its efforts in driving forward the digital financial ecosystem.
New Strategic Partnerships
COCA has formed strategic partnerships with industry leaders such as Wirex Pay and GoMining. These collaborations aim to provide users with enhanced rewards and a superior overall experience. The partnerships signify COCA’s dedication to expanding its ecosystem and delivering greater value to its users.
Welcoming Pavel Matveev
COCA is excited to announce the addition of Pavel Matveev, Founder of Wirex, to its team as a Strategy and Product Advisor. Pavel’s extensive experience and visionary approach are expected to drive COCA’s strategic initiatives and product development, contributing to the company’s continued growth and innovation.
Season 2 Point System Launch
Season 2 of COCA’s popular point system has launched, offering users the opportunity to earn points through various activities, including trades, referrals, holding assets, and spending with COCA cards. With a prize pool of USDT 3500 and 5 Wirex Pay Nodes, this season promises exciting rewards and increased user engagement. The season ends on August 9th, so users are encouraged to participate actively.
NFT Giveaway
In a special giveaway, COCA distributed 1000 GoMining NFTs to lucky users. These NFTs provide unique benefits, including enhanced mining capabilities and exclusive digital collectibles, adding significant value to the user experience.
For further details on COCA’s Q2 achievements and upcoming initiatives, visit the company’s blog.
Website: coca.xyz
COCA continues to redefine the crypto experience with its innovative solutions, seamless integrations, and user-focused approach. The company’s recent milestones and future plans highlight its commitment to leading the way in the digital financial landscape.
About COCA
COCA is a next-generation crypto super app designed to simplify and secure the crypto experience for users worldwide. With innovations in security, usability, and integration, COCA is at the forefront of the digital asset revolution. For more information, visit coca.xyz.
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VICTORIA, Seychelles, Aug. 7, 2024 /PRNewswire/ — KuCoin, a leading global cryptocurrency exchange, is excited to announce the launch of GemPool, its innovative new platform that allows users to acquire token airdrops as a reward for staking their crypto assets. This unique product is designed to provide early access to emerging crypto projects while offering rewards for their existing holdings at zero cost. By staking respective tokens in separate pools, users can farm new tokens and gain a foothold in the latest developments within the cryptocurrency market.
GemPool also offers flexible staking terms, allowing users to stake and un-stake their assets anytime within the designated period without lock-up restrictions. This flexibility ensures that users can manage their assets according to their preferences and market conditions. Additionally, GemPool provides zero-cost rewards, enabling users to earn tokens while holding their existing cryptocurrencies. By staking their tokens, users contribute to the growth of promising new projects, supporting innovation and development within the crypto space. With completion of tasks offered, users are eligible to earn multiplier bonus and receive more rewards.
Users can participate by staking KCS, USDT, or other specified assets in designated pools. The rewards are earned according to the respective yields of the pools, ensuring a fair and exciting experience for all users.
For more information on how to participate and the benefits of GemPool, please visit the KuCoin GemPool page.
About KuCoin
Launched in September 2017, KuCoin is a leading cryptocurrency exchange with its operational headquarters in Seychelles. As a user-oriented platform with a focus on inclusiveness and community engagement. It offers over 900 digital assets across Spot trading, Margin trading, P2P Fiat trading, Futures trading, and Staking to its 34 million users in more than 200 countries and regions. KuCoin ranks as one of the top 6 crypto exchanges. KuCoin was acclaimed as “One of the Best Crypto Apps & Exchanges of June 2024” by Forbes Advisor and has been included as one of the top 50 companies in the “2024 Hurun Global Unicorn List”. Learn more at https://www.kucoin.com/.
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View original content:https://www.prnewswire.co.uk/news-releases/stake-and-earn-with-kucoins-innovative-gempool-platform-302216471.html
Latest News
Trust Wallet Launches Gamified Education Platform and Loyalty Program to Enhance and Reward Web3 Learning
DUBAI, UAE, Aug. 7, 2024 /PRNewswire/ — Trust Wallet, the world’s leading self-custody Web3 wallet and Web3 gateway trusted by over 130 million users, has launched Trust Wallet Quests, a gamified education platform within the Trust Wallet mobile app which encourages users to earn points while exploring and learning about Web3.
Users can engage in task-based challenges ranging from quizzes to complex problem-solving scenarios composed of various DeFi and Web3 activities, all designed to deepen their understanding of blockchain technology and decentralized applications (dApps), and expose them to exciting opportunities within Web3. As an incentive, users will earn Trust Points, a loyalty-based points system designed to reward user activity within the Trust Wallet mobile app. With Trust Points, users can earn rewards upon the completion of specific tasks, making Web3 more rewarding and fun.
In the future, Trust Points will offer additional gamification features, such as unlocking achievements, badges, and levels. This interactive approach not only boosts individual learning but also contributes to broader community education and adoption of decentralized technologies, making Trust Wallet Quests a dynamic and exciting way to reward loyal users and engage with communities in Web3.
On the motive for launching Trust Wallet Quests, Eowyn Chen, CEO of Trust Wallet, stated: “The complex technology and fast-paced industry can be intimidating for both new and seasoned users. The introduction of Quests on Trust Wallet further solidifies our commitment to making it easier for millions to navigate Web3, aligning perfectly with our mission to build a seamless Web3 hub and open ecosystem for all.”
Nate Zou, Head of Product at Trust Wallet, highlighted what to expect from Trust Points and Trust Wallet Quests: “Trust Points and Quests are just the first iteration of a much-needed reward system for our community. Within 2024, we have plans to build on this, combining rewards with many of our other web3 product offerings. Overall, we envision this points system not only changing how users engage with Trust Wallet, but also encouraging more collaboration between Trust Wallet, our users and other web3 ecosystem players.”
Trust Wallet Quests and Trust Points are now available on both Android and iOS versions of Trust Wallet’s mobile app. Download here: https://short.trustwallet.com/TrustWalletQuests
About Trust Wallet
Trust Wallet is the self-custody, multi-chain Web3 wallet and Web3 gateway for people who want to fully own, control, and leverage the power of their digital assets. From beginners to experienced users, Trust Wallet makes it easier, safer, and convenient for millions of people around the world to experience Web3, access dApps securely, store and manage their crypto and NFTs, buy, sell, and stake crypto to earn rewards, all in one place and without limits.
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