Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of affidavits/affirmations

  • 28 Dec 2018

    YAU LAI YI v. YOSHINOYA FAST FOOD (HK) LTD

    Citation
    [2018] HKDC 1591
    Court
    District Court
    Case number
    DCEC1476/2018

    The court held the 1st affirmation was admissible because the applicant credibly affirmed it had been explained to her in Punti; the Time Application was necessary because the EC application filed 28 June 2018 was out of time under s14(1) (24 months) and could not depend on a future s18 appeal; the applicant provided a reasonable excuse for a short 12‑day delay (mistaken advice by partner and prompt corrective steps including a handling solicitor's affirmation) and leave under s14(4) was granted.

  • 16 Oct 2012

    CWG v. MH AND OTHERS

    Citation
    CWG v. MH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP643/2012

    Given R2's central and contested role, the late and extensive nature of her affirmations, the insufficiency of medical evidence to justify inability to give evidence by video-link, and the prejudice to the Wife, the court dismissed R2’s application and excluded all her affirmations and witness statement unless R2 attends for cross-examination via video-link; exclusion was not prejudicial to the interests of justice.

  • 7 Dec 2005

    MAN KAM SIU v. KARLFORD INDUSTRIAL LTD AND ANOTHER

    Citation
    MAN KAM SIU v. KARLFORD INDUSTRIAL LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA6738/2000

    The written Loan Agreement, Deed of Charge and personal Guarantee were valid and enforceable; the defendants failed to adduce credible evidence to establish any defence (variation by oral agreement, duplication, conspiracy, non est factum or misrepresentation); the 2nd defendant's affirmations could not be received in her absence and untested, and therefore judgment was entered for the plaintiff for the principal with contractual interest and credit for payments made.