Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial duty to assist unrepresented litigants
  • 12 Nov 1987

    LOUIS PAO t/a LOUISNPARTNERS 0004 v. NG YUK YUNG

    Citation
    LOUIS PAO t/a LOUISNPARTNERS 0004 v. NG YUK YUNG
    Court
    Court of Appeal
    Case number
    CACV79/1987

    The Court of Appeal set aside the trial judgment because the pleaded factual issues were not adequately canvassed at trial and the trial judge failed to ensure a fair and orderly presentation of the parties' cases given they were unrepresented; because of that procedural unfairness the appropriate remedy is to set aside the judgment and order a hearing de novo without the Court expressing final findings on contract enforceability or representations.

    • Enforceability of contract
    • Collateral contract
    • Quantum of damages
    • Judicial duty to assist unrepresented litigants
    • Setting aside judgment
    • Hearing de novo