YAN FU KUEN, JOHNNY v. CHONG KUNG CHONG

YAN FU KUEN, JOHNNY v. CHONG KUNG CHONG

The appeal was allowed in part and the matter was remitted to the Adjudicator because she failed to make express findings of fact necessary to support her apportionment of blame; the appellate court cannot properly substitute its own findings of fact and therefore must remit the case for the tribunal to make express findings and, if appropriate, receive further evidence.

Citation
YAN FU KUEN, JOHNNY v. CHONG KUNG CHONG
Parties
Claimant (respondent): YAN FU KUEN, JOHNNY; Defendant (appellant): CHONG KUNG CHONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 1992
Case Number
HCSA31/1991
Procedural Posture
Small Claims Appeal / Judgment on Appeal; Remitted to Adjudicator for Further Findings
Outcome
Appeal allowed in part; matter remitted to the Adjudicator for express findings of fact and a further hearing
Legal Topics
Apportionment of Liability, Appeal on Findings of Fact, Remittal for Findings of Fact, Credibility of Witnesses
Source Language
EN
Torts Road Traffic Civil Procedure Apportionment of Liability Appeal on Findings of Fact Remittal for Findings of Fact Credibility of Witnesses

Case Brief

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Parties

YAN FU KUEN, JOHNNY

Claimant (respondent)

CHONG KUNG CHONG

Defendant (appellant)

Procedural Posture

Small Claims Appeal / Judgment on Appeal; Remitted to Adjudicator for Further Findings

Legal Issues

  1. 1 Whether the Adjudicator erred by failing to make express findings of fact supporting apportionment of blame
  2. 2 Whether the appellate court may draw inferences of fact or vary factual determinations of the tribunal
  3. 3 Whether remittal to the Adjudicator for express findings and further evidence was appropriate

Ratio Decidendi

The appeal was allowed in part and the matter was remitted to the Adjudicator because she failed to make express findings of fact necessary to support her apportionment of blame; the appellate court cannot properly substitute its own findings of fact and therefore must remit the case for the tribunal to make express findings and, if appropriate, receive further evidence.

Court Disposition

Appeal allowed in part; matter remitted to the Adjudicator for express findings of fact and a further hearing

Orders

  • Remit the matter to the Adjudicator to make express findings of fact
  • On remittal the parties are permitted to tender further evidence, call witnesses and make further representations