Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference for non-production of evidence

Legal area

Court

31 May 2023

SWARNJIT KAUR v. LO\'S CLEANING SERVICES LTD

Citation

[2023] HKDC 727
Court

District Court
Case number

DCPI2188/2020

Defendant breached its duty to provide a safe system of work and adequate tools/equipment (unsafe stacking practice, carts without handles, heavy ceramic-filled boxes, no special measures when conveyor belt was down, pressure from foremen), the defendant failed to preserve/produce CCTV giving rise to adverse inference, plaintiff was acting in course of duty and not contributorily negligent, and damages were assessed accordingly.
3 Aug 2009

NG CHOI SANG t/a CHEUNG KONG CONSTRUCTION CO v. CHU YU TIN AND ANOTHER

Citation

NG CHOI SANG t/a CHEUNG KONG CONSTRUCTION CO v. CHU YU TIN AND ANOTHER
Court

Court of First Instance
Case number

HCA1922/2005

Court found on objective documentary evidence and probabilities that the 2nd Defendant (company) was the contracting party; plaintiff had demanded payment before 30 September 1999 so causes of action accrued more than six years before the writ and are statute‑barred under s 4(1)(a) Limitation Ordinance; alternatively plaintiff carried on a money‑lending business and failed to comply with Money Lenders Ordinance formalities so agreements were unenforceable; accordingly plaintiff's claims were dismissed and defendants awarded costs on the stated basis.