黃夢曉 對 張詠棋及另三人

黃夢曉 對 張詠棋及另三人

Leave to appeal is refused because the applicant only re‑stated trial evidence and disagreed with credibility and factual assessments without demonstrating any clear error of law or a plainly wrong factual finding; the trial judge conducted thorough analysis, the threshold for overturning credibility determinations...

Source-derived case information.

Citation
[2024] HKCA 417
Parties
Plaintiff: WONG MANG HIU (黃夢曉); First Defendant: CHEUNG WING KEI (張詠棋); Second Defendant: LIU SIU KIT (劉少傑); Third Defendant: LAU NGA YUNG (劉雅蓉); Fourth Defendant: COLLADO FLONYBEL JARA
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 May 2024
Case Number
CAMP225/2023
Procedural Posture
Civil Personal Injury/assault Appeal (leave to Appeal Application) / Application for Leave to Appeal (permission Stage)
Outcome
Application for leave to appeal refused; originating summons (leave application summons) set aside/dismissed
Legal Topics
Leave to Appeal, Res Judicata/abuse of Process, Credibility Findings, Assessment of Factual Findings, Costs
Source Language
ch
Civil Procedure Personal Injury Appeals Evidence Leave to Appeal Res Judicata/abuse of Process Credibility Findings Assessment of Factual Findings +1 more

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Parties

WONG MANG HIU (黃夢曉)

Plaintiff

CHEUNG WING KEI (張詠棋)

First Defendant

LIU SIU KIT (劉少傑)

Second Defendant

LAU NGA YUNG (劉雅蓉)

Third Defendant

COLLADO FLONYBEL JARA

Fourth Defendant

Procedural Posture

Civil Personal Injury/assault Appeal (leave to Appeal Application) / Application for Leave to Appeal (permission Stage)

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the trial judge made a plainly wrong finding of fact or error of law
  3. 3 Whether ownership of plants in the garden is res judicata

Ratio Decidendi

Leave to appeal is refused because the applicant only re‑stated trial evidence and disagreed with credibility and factual assessments without demonstrating any clear error of law or a plainly wrong factual finding; the trial judge conducted thorough analysis, the threshold for overturning credibility determinations is high, and certain issues (plant ownership) are properly treated as not permitting re‑litigation.

Court Disposition

Application for leave to appeal refused; originating summons (leave application summons) set aside/dismissed

Orders

  • Leave to appeal refused and applicant's originating summons withdrawn
  • Order that no party may request an oral hearing to reconsider this decision under Order 59 r2A(7) of the High Court Rules