Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standard of appellate review of discretion

Legal area

Court

6 Aug 2009

LAI KA YIN v. CHAN YIU KEI

Citation

LAI KA YIN v. CHAN YIU KEI
Court

District Court
Case number

DCPI453/2008

Leave to appeal was refused because the trial judge lawfully exercised her discretion on costs, there was no error in law or principle nor material omission, and there were no reasonable prospects of success on appeal given the judge's findings on credibility and the reduction of the Plaintiff's claims.
15 Nov 2000

ZHEN XIAO TING v. YU SAN CHUEN

Citation

ZHEN XIAO TING v. YU SAN CHUEN
Court

Court of Appeal
Case number

CACV404/2000

The Court of Appeal held the deputy judge properly exercised her discretion in awarding interim custody, care and control to the mother because the child's welfare was best served by placement with her natural parent; the social worker's recommendation favouring the grandmother did not outweigh the welfare principle, and there was no justification for ordering a clinical psychologist. The appeal was dismissed.