3 Oct 2019
K CASH LTD v. SO WANG FUNG BY SO WANG MING HIS GUARDIAN AD LITEM
- Citation
- [2019] HKDC 1317
- Court
- District Court
- Case number
- DCCJ5085/2014
The judge refused leave to appeal because the trial judge properly concluded, on undisputed facts, documentary evidence and reasonable inferences, that the plaintiff knew of the defendant's mental incapacity and the loan was procured by collusion and deceit making the Agreement illegal and unenforceable; procedural and evidential principles (pleadings, Browne v Dunn, hearsay rules, and decision not to draw adverse inference given the defendant's incapacity) were properly applied, so the appeal lacked a reasonable prospect of success.