23 Jan 1969
CHAN TAM LAI-MAN v. CHAN SHU-YAM
- Citation
- CHAN TAM LAI-MAN v. CHAN SHU-YAM
- Court
- Court of Appeal
- Case number
- CACV22/1968
The Full Court held the trial judgment contained failures to adjudicate on numerous material allegations; because significant factual and credibility issues remained unresolved and some evidence had not been fully tested, the proper course was to set aside the judgment below and remit the case for retrial rather than to make definitive factual findings on appeal; onus of proof and balance of probabilities govern resolution where evidence is evenly balanced.