9 Feb 1999
Lee Yuk Ling Lucia v. Chan Kwok Chung t/a Chung Hing Motor Co.
- Citation
- Lee Yuk Ling Lucia v. Chan Kwok Chung t/a Chung Hing Motor Co.
- Court
- Court of Appeal
- Case number
- CACV302/1998
The Court affirmed the trial judge's finding on the balance of probabilities that the plaintiff proved conversion because the defendant failed to establish a lawful right to retain the car (no effective repairs giving rise to a lien); consequently the plaintiff is entitled to damages for conversion (full value subject to any superior proprietary rights), and sums paid for repairs that were not properly carried out (HKD 15,000) must be repaid due to total failure of consideration.