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Hong Kong decisions
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The District Court dismissed both sides’ claims in a family property dispute over two New Territories houses, finding neither the alleged oral ownership agreement nor the rental arrangement proved.
The District Court found the defendant careless in a taxi collision, rejected contributory negligence, assessed the vehicle’s total-loss damages, and awarded indemnity costs.
The Court of First Instance allowed a security for costs appeal, holding that the plaintiff had misstated her address and failed to prove the mistake was innocent.
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.
On the balance of probabilities the defendant intentionally pushed the plaintiff from behind, constituting a tortious battery; the defendant's prior conviction for common assault is admissible and supports the finding; inconsistencies in the defendant's accounts and the contemporaneous video corroborate the plaintiff's account; causation insofar as the battery occurred is established and plaintiff is entitled to damages, although the quantum is reduced by credibility findings and medical evidence.
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On the balance of probabilities the log entries accurately reflected contemporaneous complaints by security staff, the defendant made the entries in the performance of his managerial duties without malice, qualified privilege therefore applies, publication was minimal and the plaintiff proved no actionable loss; claim dismissed.
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The District Court dismissed a defendant’s appeal after final judgment had been sealed and perfected, holding the appeal was spent and jurisdiction lacked.
Because the relationships between the parties had irretrievably broken down, causing the estate administration to be at a standstill for over a decade and making it impossible or impracticable for any of the involved family members to act effectively and impartially, the court removed the existing joint administrators and ordered the process to select an independent professional solicitor to be the new administrator to ensure proper and effective administration of the estate.
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The District Court granted the defendant leave to appeal only on the costs order issue, finding a reasonable prospect of success on one ground only.
The court found the applicant failed to prove on the balance of probabilities that the accident occurred at the time and place and in the circumstances alleged; accordingly the employee compensation claim was dismissed. Although the court also found the applicant was an employee of the first respondent at the relevant time, that finding did not entitle the applicant to compensation because causation (the accident as pleaded) was not established.
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