YEUNG LAI CHU 對 MTR CORPORATION LTD

YEUNG LAI CHU 對 MTR CORPORATION LTD

The judge found the plaintiff’s evidence inconsistent, inherently improbable and unreliable; those credibility and factual findings were within the trial judge’s province and not plainly wrong; the challenges to expert evidence and the December 2017 test lacked merit; therefore the plaintiff did not show a...

Source-derived case information.

Citation
[2019] HKDC 332
Parties
Plaintiff: YEUNG LAI CHU; Defendant: MTR CORPORATION LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 April 2019
Case Number
DCPI1820/2016
Procedural Posture
Personal Injury Litigation / Leave to Appeal Application (permission Stage)
Outcome
Application for leave to appeal refused
Legal Topics
Leave to Appeal, Credibility of Witnesses, Assessment of Damages, Expert Evidence, Costs
Source Language
ch
Civil Procedure Personal Injury Evidence Leave to Appeal Credibility of Witnesses Assessment of Damages Expert Evidence Costs

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Parties

YEUNG LAI CHU

Plaintiff

MTR CORPORATION LIMITED

Defendant

Procedural Posture

Personal Injury Litigation / Leave to Appeal Application (permission Stage)

  1. 1 Whether the plaintiff has a reasonable prospect of success on appeal as to liability
  2. 2 Whether the plaintiff has a reasonable prospect of success on appeal as to quantum of damages
  3. 3 Whether the trial judge’s credibility findings were plainly wrong and should be disturbed

Ratio Decidendi

The judge found the plaintiff’s evidence inconsistent, inherently improbable and unreliable; those credibility and factual findings were within the trial judge’s province and not plainly wrong; the challenges to expert evidence and the December 2017 test lacked merit; therefore the plaintiff did not show a reasonable prospect of success on liability or quantum and leave to appeal was refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Costs of the leave application to the defendant (excluding counsel fees)