Hong Kong Case Law: Decisions & Judgments

Topic

Adverse inference for non‑attendance

Legal area

Court

4 May 2021

LKCD v. CJL

Citation

[2021] HKFC 91
Court

Family Court
Case number

FCMC860/2019

Applying MPPO ss.4,6 and the matters in s.7 and guided by LKW v DD and the White v White line, the court concluded the wife’s reasonable needs required a property transfer; the husband’s persistent non‑attendance, failure to disclose finances and conduct in incurring loans justified drawing an adverse inference as to his resources and ordering transfer of his interest in the former matrimonial home to the wife at nil consideration subject to existing charging orders, together with a nominal maintenance order to preserve the wife’s position.
18 Apr 2019

LAU TING KEUNG v. CHAN WAI YING t/a WAI SHUN ENGINEERING CO AND ANOTHER

Citation

[2019] HKCFI 992
Court

Court of First Instance
Case number

HCPI284/2015

Plaintiff failed to prove material facts and causation: his evidence was unreliable and inconsistent, there was no direct evidence establishing how or from what height he fell or that the defendants’ conduct caused the fall, and defendants gave credible evidence that ladder use was assessed as acceptable and instructions were given that the ladder be held. On those findings, regulatory breaches and res ipsa loquitur were not established and no adverse inference was warranted; claim dismissed.
23 Nov 2018

LAM CHUN MING AND OTHERS v. LAM PO FAI

Citation

[2018] HKDC 1447
Court

District Court
Case number

DCCJ112/2015

Plaintiffs failed to discharge the burden of proving a common intention that beneficial ownership differed from legal title: their evidence was contradictory, lacked contemporaneous documentary support, and adverse inferences were properly drawn from the non‑production and non‑attendance of key witnesses (P2 and P5). Accordingly no constructive trust was established and the claims were dismissed against both defendants.
30 Jun 2016

U PO CHU (otherwise known as YU MAN KI or YU MAN KIT) v. TSANG PUI LING AND OTHERS

Citation

U PO CHU (otherwise known as YU MAN KI or YU MAN KIT) v. TSANG PUI LING AND OTHERS
Court

District Court
Case number

DCMP467/2013

Plaintiff proved she is the registered owner; the 1st defendant failed to prove adverse possession either as joint possessors from 1985 or as sole possessor from 1993 (possession was several and independent, lacking unity and requisite animus), and plaintiff failed to prove the asserted tenancy; material non‑attendance of plaintiff's key witnesses justified adverse inferences and expunging their witness statements; therefore judgment for plaintiff for recovery of possession and costs.
5 Feb 2016

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

Citation

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS
Court

District Court
Case number

DCEC1267/2010

Court exercised its discretion under section 2(2) ECO in favour of the injured plaintiff; on the balance of probabilities Yeung was the plaintiff's employer and breached duties as employer and occupier; Up Cheer was an occupier who failed to take reasonable care in selecting and supervising the contractor and is therefore liable in tort; Cheng/Ah Loi were not proven to be employers; no contributory negligence; specified statutory and common law damages awarded with set offsets and costs orders.
25 Jul 2012

WONG YUK CHUEN v. THE LINK MANAGEMENT LTD

Citation

WONG YUK CHUEN v. THE LINK MANAGEMENT LTD
Court

District Court
Case number

DCPI291/2011

Defendant failed to prove on the balance of probabilities that the third party poured water/ice or otherwise negligently caused the slippery condition; the incident report was unreliable and key witnesses (the cleaner(s) and the plaintiff) were not called, permitting adverse inferences against the defendant; accordingly the defendant's claim against the third party was dismissed and costs were awarded to the third party.

Hong Kong Case Law

LKCD v. CJL

LAU TING KEUNG v. CHAN WAI YING t/a WAI SHUN ENGINEERING CO AND ANOTHER

LAM CHUN MING AND OTHERS v. LAM PO FAI

U PO CHU (otherwise known as YU MAN KI or YU MAN KIT) v. TSANG PUI LING AND OTHERS

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

WONG YUK CHUEN v. THE LINK MANAGEMENT LTD