朱沛鴻 對 THE SECRETARY FOR JUSTICE (SUED FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE)

朱沛鴻 對 THE SECRETARY FOR JUSTICE (SUED FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE)

The application for permission to appeal was refused because the appellant failed to demonstrate a reasonable prospect of success under s63A(2) of the District Court Ordinance or any other compelling reason: the trial judge's credibility and factual findings were not palpably erroneous, the appellant's new factual...

Source-derived case information.

Citation
[2019] HKDC 687
Parties
Plaintiff: CHU PUI HUNG; Defendant: THE SECRETARY FOR JUSTICE (sued for and on behalf of THE COMMISSIONER OF POLICE)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 May 2019
Case Number
DCPI641/2016
Procedural Posture
Personal Injury Litigation / Application for Permission to Appeal and Stay of Execution
Outcome
Permission to appeal and stay of execution refused
Legal Topics
Permission to Appeal, Credibility Findings, Fair Trial, Delay in Judgment, Costs
Source Language
ch
Civil Procedure Personal Injury Administrative Law Permission to Appeal Credibility Findings Fair Trial Delay in Judgment Costs

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Parties

CHU PUI HUNG

Plaintiff

THE SECRETARY FOR JUSTICE (sued for and on behalf of THE COMMISSIONER OF POLICE)

Defendant

Procedural Posture

Personal Injury Litigation / Application for Permission to Appeal and Stay of Execution

  1. 1 Whether permission to appeal should be granted under section 63A(2) of the District Court Ordinance
  2. 2 Whether the trial judge erred in credibility and factual findings (palpable error)
  3. 3 Whether appellant was denied a fair trial due to counsel performance or judicial bias

Ratio Decidendi

The application for permission to appeal was refused because the appellant failed to demonstrate a reasonable prospect of success under s63A(2) of the District Court Ordinance or any other compelling reason: the trial judge's credibility and factual findings were not palpably erroneous, the appellant's new factual allegations were not raised at trial, there was no unfair trial or bias, the delay did not amount to prejudice and the damages challenge was unarguable.

Court Disposition

Permission to appeal and stay of execution refused

Orders

  • Permission to appeal refused
  • Stay of execution refused