陳正浩 對 LAM KWAN HUNG

陳正浩 對 LAM KWAN HUNG

The original judge made detailed, well-reasoned factual and credibility findings based on persuasive dashcam evidence and witness accounts; the appellant failed to show any plainly wrong factual finding or any realistic prospect of success on appeal, and no other reasons in the interests of justice existed to...

Source-derived case information.

Citation
[2024] HKCA 239
Parties
Plaintiff: CHAN CHING HO (陳正浩); Defendant: LAM KWAN HUNG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 March 2024
Case Number
CAMP202/2023
Procedural Posture
Appeal Against Regional Court Judgment (personal Injury Traffic Collision) / Permission to Appeal Application to Court of Appeal (refused)
Outcome
Permission to appeal refused; plaintiff's originating document withdrawn; prohibition on seeking reconsideration by oral hearing under Order 59 rule 2A(8).
Legal Topics
Negligence, Road Traffic Accident, Permission to Appeal, Assessment of Factual Findings
Source Language
ch
Civil Tort Appeals Negligence Road Traffic Accident Permission to Appeal Assessment of Factual Findings

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Parties

CHAN CHING HO (陳正浩)

Plaintiff

LAM KWAN HUNG

Defendant

Procedural Posture

Appeal Against Regional Court Judgment (personal Injury Traffic Collision) / Permission to Appeal Application to Court of Appeal (refused)

  1. 1 Whether defendant was negligent in changing lanes causing collision
  2. 2 Whether appellate court should grant permission to appeal against findings of fact and credibility
  3. 3 Whether original judge made a plainly wrong factual finding based on video evidence

Ratio Decidendi

The original judge made detailed, well-reasoned factual and credibility findings based on persuasive dashcam evidence and witness accounts; the appellant failed to show any plainly wrong factual finding or any realistic prospect of success on appeal, and no other reasons in the interests of justice existed to justify granting permission; accordingly permission to appeal is refused and costs awarded to the respondent.

Court Disposition

Permission to appeal refused; plaintiff's originating document withdrawn; prohibition on seeking reconsideration by oral hearing under Order 59 rule 2A(8).

Orders

  • Permission to appeal refused
  • Plaintiff's summons withdrawn