Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidence and factual findings

Legal area

Court

31 Aug 2011

MAK HOI CHU v. LUI CHI YIN AND ANOTHER

Citation

MAK HOI CHU v. LUI CHI YIN AND ANOTHER
Court

Court of Appeal
Case number

CACV262/2010

Given the obstructed view caused by the stationary double-decker bus and the busy lunchtime conditions, the trial judge correctly found the first defendant breached the requisite standard of care by failing to reduce speed and be on the lookout for pedestrians; that factual finding justified the apportionment of liability and the award for pain, suffering and loss of amenities, and the appeal lacked merit.
27 May 2011

YUN CHOI LTD (IN LIQUIDATION) v. LAM WAI MAN

Citation

YUN CHOI LTD (IN LIQUIDATION) v. LAM WAI MAN
Court

District Court
Case number

DCCJ4893/2009

The court found on the evidence that the cars were sold as a three-car package for $900,000 via an intermediate purchaser Superior, and that the defendant paid the full package price to Mr Mak who had actual or apparent authority to collect; the Notices did not by themselves establish a direct contract between the plaintiff and the defendant for the two cars and the plaintiff's claim for unpaid consideration was dismissed; costs were ordered nisi against the plaintiff to the defendant to be taxed if not agreed, subject to 14 days for any challenge.