Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidence - burden of proof

Legal area

Court

18 Oct 2017

RAHA IMPEX HK LTD v. DYNASTY JEWELRY (HONG KONG) LTD

Citation

RAHA IMPEX HK LTD v. DYNASTY JEWELRY (HONG KONG) LTD
Court

District Court
Case number

DCCJ2125/2015

The plaintiff failed to prove on the balance of probabilities that the stones returned were not the diamonds delivered; the court rejected the plaintiff's sole witness evidence, accepted the defendant's witnesses, and therefore found no breach of the bailment duty; claim dismissed and costs ordered against plaintiff.
18 Dec 2008

POON TING CHAU v. WONG KWOK CHI AND ANOTHER

Citation

POON TING CHAU v. WONG KWOK CHI AND ANOTHER
Court

Court of Appeal
Case number

CACV162/2007

The judge was entitled to reject the plaintiff's account for lack of documentary support and on credibility; the evidence established that the assignments were genuine transactions (and the third a gift), the plaintiff failed to prove a sham or retained beneficial interest, and therefore the appeal must be dismissed.