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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused leave to appeal to the Court of Final Appeal, finding no question of great general or public importance and no basis under s 22(1)(b).
The Court of Appeal dismissed an unrepresented applicant’s motion for leave to appeal to the Court of Final Appeal, finding no arguable issue of public importance.
The High Court allowed a striking-out appeal, holding the claim was not plainly or obviously hopeless and that issue estoppel and Henderson abuse were not established.
The District Court refused leave to appeal against a liability judgment, holding the plaintiff had not shown a reasonable prospect of success and that pleaded admissions did not shift the burden.
The Court of Appeal refused leave to appeal to the Court of Final Appeal, finding no question of public importance, no arguable error, and no merit in the intended appeal.
On appeal in matrimonial proceedings, the Court of Appeal set aside a HK$1.2 million legal costs provision order and remitted the wife’s application for rehearing.
本案涉及已故父亲名下两個聯名銀行帳戶的實益擁有權。上訴庭維持原判，認定款項屬父親遺產，駁回被告以贈與及存活權主張。
The trial judge's findings that the claimant was an employee were supported by the evidence (daily wage structure, lack of profit/loss sharing, respondent's control and provision of materials/tools, payments after injury and contemporaneous Form 2); those findings were not plainly wrong and warranted deference by the Court of Appeal. Accordingly the appeal was dismissed and the trial judgment affirmed.
Source excerpt
The court dismissed D4-7’s challenge to a disclosure order for bank records, holding the hearing was inter partes, no full disclosure duty arose, and no adjournment error was shown.
Court of Appeal refused leave to appeal against a costs order arising from a failed joinder summons, holding the intended appeal had no real prospect of success.
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