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 was refused because the appellant failed to demonstrate any realistic prospect of success: the trial judge's factual findings and credibility assessments were supported by evidence and consistent with logic; prior small claims findings precluded relitigation of ownership; alleged misunderstandings...

Source-derived case information.

Citation
[2023] HKDC 685
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
District Court
Jurisdiction
Hong Kong
Judgment Date
30 May 2023
Case Number
DCPI3815/2019
Procedural Posture
Personal Injury / Civil Claim / Application for Leave to Appeal (permission to Appeal)
Outcome
Application for leave to appeal refused; earlier dismissal of plaintiff's claim upheld
Legal Topics
Leave to Appeal, Credibility of Witnesses, Res Judicata, Assessment of Primary Facts
Source Language
ch
Civil Procedure Appeal Evidence Property Dispute Leave to Appeal Credibility of Witnesses Res Judicata Assessment of Primary Facts

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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

Personal Injury / Civil Claim / Application for Leave to Appeal (permission to Appeal)

  1. 1 Whether the applicant demonstrated a reasonable prospect of success on appeal
  2. 2 Whether the trial judge misapprehended key facts
  3. 3 Whether the trial judge erred in assessing credibility

Ratio Decidendi

Leave to appeal was refused because the appellant failed to demonstrate any realistic prospect of success: the trial judge's factual findings and credibility assessments were supported by evidence and consistent with logic; prior small claims findings precluded relitigation of ownership; alleged misunderstandings were unfounded.

Court Disposition

Application for leave to appeal refused; earlier dismissal of plaintiff's claim upheld

Orders

  • Application for leave to appeal dated 6 March 2023 refused
  • No order as to costs (defendants absent)