4 Jul 2003
CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
- Citation
- CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV70/2003
The Court of Appeal allowed the appeal and set aside the deputy judge's order because the deputy judge and counsel proceeded under a material misapprehension as to the master’s prior ruling and because it was inappropriate for the appellate court to resolve contested primary facts or to speculate where new evidence was indicated; the matter was remitted to be re-listed before the Listing Judge and costs of the appeal were awarded to the Applicant.