Hong Kong Case Law: Decisions & Judgments

Topic

Findings of fact and credibility

Legal area

Court

23 Dec 2020

SHEIKH BADRUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2020] HKCA 1060
Court

Court of Appeal
Case number

CACV125/2020

The Court dismissed the appeal because the judge correctly applied the limited judicial review standard, the applicant failed to identify any error of law, procedural impropriety or irrationality in the Board's decision or in the judge's reasons, and the applicant did not show a reasonable prospect of success to justify leave to apply for judicial review.
6 Nov 2013

SHAH PURNA BAHADUR v. ENGLISH SCHOOLS FOUNDATION

Citation

SHAH PURNA BAHADUR v. ENGLISH SCHOOLS FOUNDATION
Court

Court of First Instance
Case number

HCLA13/2013

The application for leave to appeal was dismissed because there was no error of law nor jurisdictional error in the PO's decision; the PO permissibly found that past payments were for special duties with prior consent and that the claimant's evidence lacked credibility, and such factual findings do not attract appellate interference.
24 Jun 2009

LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS

Citation

LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS
Court

Court of First Instance
Case number

HCMP1117/2004

The application for an interim stay was dismissed because the trial judge's adverse findings of fact (forgery of tenancy documents, lack of authority of Max Chan, and the 3rd defendant's lack of credibility) meant the appeal had little or no reasonable prospect of success, and the purported fresh evidence failed the first Ladd v Marshall condition (no explanation that it could not have been obtained with reasonable diligence for use at trial).
21 May 2009

YIP KU v. YIP HON WING AND ANOTHER

Citation

YIP KU v. YIP HON WING AND ANOTHER
Court

District Court
Case number

DCCJ4857/2005

Leave to appeal refused because the judge, having seen and heard witnesses and assessed demeanour and documentary evidence, found overwhelming evidence against the 1st defendant and there was no glaring improbability or objective document to show the trial judge's factual findings were wrong, so the appeal lacked a reasonable prospect of success.

Hong Kong Case Law

SHEIKH BADRUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

SHAH PURNA BAHADUR v. ENGLISH SCHOOLS FOUNDATION

LAU TIM FAT AND OTHERS v. LI BANG-YUEN AND OTHERS

YIP KU v. YIP HON WING AND ANOTHER