1 Mar 2022
CHAN WAI YEE v. KWONG WAI PIU, the Administrator of the Estate of WONG CHIN also known as KWONG WONG CHUN (or GINE), DECEASED
- Citation
- [2022] HKCA 346
- Court
- Court of Appeal
- Case number
- CACV411/2020
The Court of Appeal allowed the plaintiff's appeal, set aside the trial judge's judgment and orders and remitted the case for retrial because the judge drew unsupported adverse inferences of misconduct against the plaintiff and failed properly to assess the weight of the defendant's hearsay witness statement by not considering whether it was reasonable and practicable to call the defendant and by failing to account for lacunae in that statement; consequentially the trial outcome could not stand. Costs of the appeal were ordered against the defendant and the trial costs were to be costs in the…