Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness credibility and burden of proof

  • 4 Feb 2002

    HONG KONG EXHAUST EMISSION LABORATORY LTD. v. CRIC MOTOR WORKS LTD.

    Citation
    HONG KONG EXHAUST EMISSION LABORATORY LTD. v. CRIC MOTOR WORKS LTD.
    Court
    District Court
    Case number
    DCCJ2520/2001

    The court found the plaintiff proved performance of the testing obligations and is entitled to the test costs of HK$84,000 but did not prove a binding agreement for towing charges; the plaintiff had no possessory lien over the seized car (wrongful detention) but did have a lien over the five compiled reports; damages for wrongful detention were assessed at 20% per annum pro rata on the sale price in the sale agreement (HK$205,000) from 29 December 2000 until delivery, and that sum is to be set off against the plaintiff's judgment for test costs.

    • Oral agreement formation
    • Possessory lien (particular and general)
    • Wrongful detention/damages
    • Set off
    • Witness credibility and burden of proof

  • 24 Apr 1978

    ADACHI CORPORATION LTD v. CHENG HANG SHEK

    Citation
    ADACHI CORPORATION LTD v. CHENG HANG SHEK
    Court
    Court of First Instance
    Case number
    HCA2244/1976

    On the evidence the court found the plaintiff failed to prove the three disputed invoices were sales to the defendant rather than to William Kao and dismissed that part of the claim; the defendant was held liable for two invoices supported by consignment notes/signatures; the defendant's claim for NT$ cheques failed for lack of proof; the counterclaim failed except for nominal damages of $300 for damaged jade; interest at 1% per month was awarded by reference to the parties’ course of dealing, yielding a net judgment for the plaintiff of $598,119.80 plus interest.

    • Recovery of price
    • Consignment/agency
    • Credit terms and interest
    • Counterclaim for conversion/damage
    • Witness credibility and burden of proof