Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of factual findings on appeal

Legal area

Court

20 Oct 2017

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

Citation

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV240/2016

The Court of Appeal found that the trial judge materially misapprehended the plaintiff's unchallenged evidence and over-relied on photographs; on correct findings the plaintiff established causation and liability and the defendants failed to prove contributory negligence, so the appeal is allowed and judgment entered for the plaintiff.
17 Oct 2003

CHENG YING HUNG t/a PO SHING CO. v. YUEN CHAK CONSTRUCTION CO. LTD

Citation

CHENG YING HUNG t/a PO SHING CO. v. YUEN CHAK CONSTRUCTION CO. LTD
Court

Court of First Instance
Case number

HCA411/2001

The defendant failed to satisfy the court that enforcement of the judgment would render a successful appeal nugatory because its director's unchallenged assertion of insolvency was inconsistent with the company's own accounts showing substantial assets and turnover; absent credible evidence of inability to repay, the court refused the stay and ordered the defendant to pay the costs of the application.
10 Jan 1990

LI KWAI FONG AH PAT v. BACHY SOLETANCHE GROUP (a firm) AND ANOTHER

Citation

LI KWAI FONG AH PAT v. BACHY SOLETANCHE GROUP (a firm) AND ANOTHER
Court

Court of Appeal
Case number

CACV30/1989

The appeal is dismissed because the trial judge's conclusion that the appellant did not prove the accident and resulting injuries was supported by ample evidence, estoppel was not pleaded and cannot be relied on, the appellant's counsel consented to the late defence amendment, and no miscarriage of justice from unavailable mains electricity records is shown; absent clear error an appellate court will not disturb factual findings.

Hong Kong Case Law

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

CHENG YING HUNG t/a PO SHING CO. v. YUEN CHAK CONSTRUCTION CO. LTD

LI KWAI FONG AH PAT v. BACHY SOLETANCHE GROUP (a firm) AND ANOTHER