Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of expert evidence

Legal area

Court

23 Aug 2018

HKSAR v. LUAN GANG AND ANOTHER

Citation

[2018] HKDC 1040
Court

District Court
Case number

DCCC788/2015

D1 was awarded 50% of his trial costs (excluding costs occasioned by the five unsuccessful defence applications) and none of the costs incurred before the information was laid in the magistracy because his flight from the mainland and transfer of assets out of Hong Kong objectively brought suspicion upon him; D2 was awarded her pre-legal aid trial costs and her legal aid contribution (excluding costs occasioned by the five applications) because evidence showed she merely assisted D1 without knowledge of his business affairs. The prosecution bears some responsibility for relying on an expert o…
2 Sept 2016

CHAN SZE WING v. TSANG PUI CHONG AND OTHERS

Citation

CHAN SZE WING v. TSANG PUI CHONG AND OTHERS
Court

Court of First Instance
Case number

HCMP1441/2016

Refusal of extension of time because the defendants exhibited long inexcusable delay and the proposed grounds of appeal did not show a real prospect of success; the trial judge's factual findings and causation conclusions were supported by evidence and no palpable error was shown, therefore the summons dated 7 June 2016 is dismissed and reconsideration is restricted under Order 59 rule 2A(8).
19 Jul 2011

WONG WAI TAK BELINDA AND ANOTHER v. SMART TEAM INTERNATIONAL INVESTMENT LTD

Citation

WONG WAI TAK BELINDA AND ANOTHER v. SMART TEAM INTERNATIONAL INVESTMENT LTD
Court

District Court
Case number

DCCJ1023/2009

The application to amend the judgment under Order 20 r 11 was dismissed because the challenged awards were not clerical mistakes or accidental slips but clearly expressed and the proper remedy for alleged legal error is appeal; the District Court was the appropriate forum given the technical expert evidence; leave to appeal was refused on liability and costs for lack of reasonable prospects but granted on the quantum of accommodation damages as there were arguable legal issues on measure of damages.
6 Jul 2007

WIDE PROJECT CONSTRUCTION (HK) LTD v. THE INCORPORATED OWNERS OF YEN DACK BUILDING

Citation

WIDE PROJECT CONSTRUCTION (HK) LTD v. THE INCORPORATED OWNERS OF YEN DACK BUILDING
Court

Court of Appeal
Case number

CACV136/2006

The Court upheld the trial judge's factual findings that the defendant failed to prove the alleged widespread defective works; the defendant's expert evidence was unreliable or insufficient to establish concrete spalling detectable in 2002, and there was no basis to overturn the trial judge's conclusions. The appeal was dismissed.
21 Aug 2000

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER

Citation

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL802/2000

The applicants failed to establish an arguable case that the Tribunal erred in rejecting the expert's superficial inspection and safety certificate; the Tribunal's assessment that the certificate was insufficiently verified was one a reasonable tribunal could reach; even if s.24A applied there was no practical difference to the exercise of discretion; accordingly leave to apply for judicial review is refused.
2 Aug 1999

S.Y. ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY

Citation

S.Y. ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY
Court

Court of First Instance
Case number

HCCT101/1998

The court refused leave to appeal and dismissed the applicant's challenges because the matters complained of were findings of fact or exercises of discretion by the arbitrator rather than questions of law arising out of the award that could substantially affect the parties' rights; alleged misconduct was not made out and there was no legal error warranting appellate intervention.

Hong Kong Case Law

HKSAR v. LUAN GANG AND ANOTHER

CHAN SZE WING v. TSANG PUI CHONG AND OTHERS

WONG WAI TAK BELINDA AND ANOTHER v. SMART TEAM INTERNATIONAL INVESTMENT LTD

WIDE PROJECT CONSTRUCTION (HK) LTD v. THE INCORPORATED OWNERS OF YEN DACK BUILDING

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER

S.Y. ENGINEERING CO. LTD. v. THE HONG KONG HOUSING AUTHORITY