崔月麗 對 順達家居設計工程有限公司

崔月麗 對 順達家居設計工程有限公司

Defendant voluntarily chose not to call expert witnesses, documented in case management choices; the trial judge could properly rely on expert reports without viva voce evidence; plaintiff's rent claim was supported by lease and receipts and defendant offered no contrary evidence as to reasonableness; the costs...

Source-derived case information.

Citation
[2018] HKDC 1269
Parties
Plaintiff: TSUI YUET LAI TERESA(崔月麗); Defendant: SHUN TAT HOME DESIGN ENGINEERING COMPANY LIMITED(順達家居設計工程有限公司)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 October 2018
Case Number
DCCJ3998/2014
Procedural Posture
Leave to Appeal Application / Leave Application Hearing (post Trial)
Outcome
Application for leave to appeal dismissed (leave revoked)
Legal Topics
Leave to Appeal, Expert Evidence (viva Voce Vs Reports), Assessment of Costs, Rent Damages
Source Language
ch
Civil Procedure Evidence Contract Costs Leave to Appeal Expert Evidence (viva Voce Vs Reports) Assessment of Costs Rent Damages

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Parties

TSUI YUET LAI TERESA(崔月麗)

Plaintiff

SHUN TAT HOME DESIGN ENGINEERING COMPANY LIMITED(順達家居設計工程有限公司)

Defendant

Procedural Posture

Leave to Appeal Application / Leave Application Hearing (post Trial)

  1. 1 Whether absence of viva voce expert evidence deprived court of proper trial
  2. 2 Whether plaintiff's rent claim was wrongly allowed
  3. 3 Whether the costs allowance was excessive

Ratio Decidendi

Defendant voluntarily chose not to call expert witnesses, documented in case management choices; the trial judge could properly rely on expert reports without viva voce evidence; plaintiff's rent claim was supported by lease and receipts and defendant offered no contrary evidence as to reasonableness; the costs allowance was justified by the case complexity, involvement of experts, duration and disbursements; therefore the leave to appeal application lacked a reasonable prospect of success and was dismissed.

Court Disposition

Application for leave to appeal dismissed (leave revoked)

Orders

  • Defendant's application for leave to appeal is dismissed
  • Defendant ordered provisionally to pay plaintiff the costs of this application