NGUYEN THI KIM v. BRISFULL LTD
Leave to appeal refused because the trial judge had conducted a detailed credibility assessment and the contested matters were findings of fact that the Court of Appeal could not properly reassess, therefore no arguable ground for granting leave.
Source-derived case information.
- Citation
- NGUYEN THI KIM v. BRISFULL LTD
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 12 May 2003
- Case Number
- DCCJ8576/2001
- Procedural Posture
- Leave to Appeal Application / Decision on Leave to Appeal
- Outcome
- Leave to appeal refused; costs awarded to Plaintiff; stay of execution for 21 days to enable Defendant to apply for leave to the Court of Appeal.
- Legal Topics
- Leave to Appeal, Credibility Assessment, Findings of Fact, Stay of Execution, Legal Aid Costs Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Leave to Appeal Application / Decision on Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against findings of credibility and fact
- 2 Whether the Court of Appeal can reassess witness credibility
- 3 Allocation and taxation of costs where Legal Aid is involved
Ratio Decidendi
Leave to appeal refused because the trial judge had conducted a detailed credibility assessment and the contested matters were findings of fact that the Court of Appeal could not properly reassess, therefore no arguable ground for granting leave.
Court Disposition
Leave to appeal refused; costs awarded to Plaintiff; stay of execution for 21 days to enable Defendant to apply for leave to the Court of Appeal.
Orders
- Leave to appeal refused.
- Costs to Plaintiff.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj y gP H Judge Wong Date: 12 May 2003 Present: Mr Ng Man-kin, of Messrs Kwok, Ng & Chan, assigned by the Legal Aid Department, for the Plaintiff Mr Kenneth Wong, instructed by Messrs Yung, Yu, Yuen & Co., for the Defendant D E C I S I O N 1. I have already assessed the credibility in detail of each witness. There is no way in which the Court of Appeal can assess their credibility. 2. My judgment was on the finding of fact. 3. Leave to appeal refused. 4. Costs to Plaintiff. Plaintiff s own costs to be taxed in accordance with Legal Aid Regulations. 5. I will stay execution for 21 days for Defendant to apply for leave to the Court of Appeal. H H Judge Wong District Court Judge CRT30/12.5.2003/KS PAGE DCCJ8504&8576/2001(Cons)Decision A B C D E F G H I J K L M N O P Q R S T U V A B C D E F G H I J K L M N O P Q R S T U V 0 &P @\\HC-OA-WS-593\HP LaserJet 4 Plus Ne01: winspool \\HC-OA-WS-593\HP LaserJet 4 Plus \\HC-OA-WS-593\HP LaserJet 4 Pl \\HC-OA-WS-593\HP LaserJet 4 Pl % & ' 2 t% IN THE DISTRICT COURT OF THE Normal.dot setup Microsoft Word 9.0 Judiciary Hong Kong IN THE DISTRICT COURT OF THE Title Microsoft Word Document MSWordDoc Word.Document.8