17 Mar 2021
DAIMLER AG (formerly MERCEDES BENZ AG) v. HELGE HERBERT LEIDUCK, appointed by Order to represent the estate of HERBERT HEINZ HORST LEIDUCK, deceased AND ANOTHER
- Citation
- [2021] HKCA 328
- Court
- Court of Appeal
- Case number
- CAMP102/2020
The Court refused leave to appeal because there was no reasonable prospect of success on grounds asserting the judge erred in allocating the burden under s3(b); the judge correctly applied legal principle that the party seeking admissibility must prove competence, her factual findings on fluctuating dementia and competence on specific dates were open to her on the evidence, and leave is refused on proportionality and interests of justice grounds.