LUK PO YING v. PAU CHING CHOW SANDICK AND ANOTHER

LUK PO YING v. PAU CHING CHOW SANDICK AND ANOTHER

On the balance of probabilities the plaintiff failed to prove that the Shoes were present and available at the relevant times or that the defendants took or intended to exercise ownership over them; the evidence pointed to possible abandonment or third‑party removal and the alleged conversations did not constitute reliable admissions of conversion; claim dismissed.

Citation
[2018] HKDC 1440
Parties
Plaintiff (registered Owner): Plaintiff; 1st Defendant (assignee, Husband): 1st Defendant; 2nd Defendant (wife): 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 November 2018
Case Number
DCCJ846/2017
Procedural Posture
Tort Conversion / Judgment at Trial
Outcome
Claim dismissed
Legal Topics
Conversion, Abandonment, Possession, Burden of Proof
Source Language
EN
Torts Property Law Evidence Conversion Abandonment Possession Burden of Proof

Case Brief

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Parties

Plaintiff

Plaintiff (registered Owner)

1st Defendant

1st Defendant (assignee, Husband)

2nd Defendant

2nd Defendant (wife)

Procedural Posture

Tort Conversion / Judgment at Trial

Legal Issues

  1. 1 Whether the Shoes were present and available at the relevant time for conversion
  2. 2 Whether the defendants took or dealt with the Shoes with intent to exercise ownership inconsistent with the plaintiff's right of possession
  3. 3 Whether the plaintiff had abandoned the cabinet and its contents

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove that the Shoes were present and available at the relevant times or that the defendants took or intended to exercise ownership over them; the evidence pointed to possible abandonment or third‑party removal and the alleged conversations did not constitute reliable admissions of conversion; claim dismissed.

Court Disposition

Claim dismissed

Orders

  • Costs awarded to the 1st and 2nd defendants to be taxed if not agreed with certificate for counsel