Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proof on balance of probabilities

Legal area

Court

8 Aug 2019

MOHAMMAD AFZAL v. MAN FUN WA formerly t/a KWONG LEE ENGINEERING CO AND OTHERS

Citation

[2019] HKCFI 1958
Court

Court of First Instance
Case number

HCPI1288/2014

Plaintiff failed to prove on the balance of probabilities that the two alleged accidents occurred as pleaded or that defendants were liable; documentary evidence, witness credibility findings and inconsistencies in medical and entry records undermined causation and timing; res ipsa loquitur did not apply; claims dismissed and costs ordered against plaintiff.
23 Mar 2001

O-Anan, Umphai v. The National Lacquer and Paint Products Co. Ltd.

Citation

O-Anan, Umphai v. The National Lacquer and Paint Products Co. Ltd.
Court

District Court
Case number

DCEC103/1998

On the balance of probabilities the deceased undertook moderate physical exertion while painting which elevated his blood pressure sufficiently to place stress on the pre-existing aneurysm and cause its rupture; therefore the death resulted from a combination of disease and employment and the respondent is liable under s5 of the Ordinance.