林枝年 對 林阮求

林枝年 對 林阮求

The appeal is dismissed because the trial judge's factual finding—that the applicant was the respondent's employee at the time of the accident—was reasonably open on the evidence and not plainly wrong; the Court of Appeal will not admit the respondent's fresh evidence or disturb credibility findings absent a clear...

Source-derived case information.

Citation
[2023] HKCA 920
Parties
Applicant: LIN ZHINIAN; Respondent: 林阮求
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 August 2023
Case Number
CACV319/2021
Procedural Posture
Civil Appeal (employees' Compensation) / Court of Appeal Judgment Following Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
Employee V Independent Contractor, Vicarious Liability, Witness Credibility Assessment, Admissibility of Fresh Evidence on Appeal
Source Language
ch
Employment Law Personal Injury Workers' Compensation Civil Procedure Evidence Employee V Independent Contractor Vicarious Liability Witness Credibility Assessment +1 more

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Parties

LIN ZHINIAN

Applicant

林阮求

Respondent

Procedural Posture

Civil Appeal (employees' Compensation) / Court of Appeal Judgment Following Appeal Hearing

  1. 1 Whether applicant was the respondent's employee at time of accident
  2. 2 Whether appellate court should overturn trial judge's credibility and factual findings
  3. 3 Whether new evidence (owner's statement) should be admitted on appeal

Ratio Decidendi

The appeal is dismissed because the trial judge's factual finding—that the applicant was the respondent's employee at the time of the accident—was reasonably open on the evidence and not plainly wrong; the Court of Appeal will not admit the respondent's fresh evidence or disturb credibility findings absent a clear error.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent to pay applicant's costs of the appeal; if parties cannot agree amount, costs to be assessed by the Court