Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of reports

Legal area

Court

31 Mar 2023

SMITH & ASSOCIATES FAR EAST LTD v. EZ RAM TECHNOLOGY LTD

Citation

[2023] HKDC 435
Court

District Court
Case number

DCCJ1268/2019

The court accepted the Samsung report and chain of custody evidence showing the tested units were from the delivered lot and that the goods were counterfeit and did not correspond with the PO/SA description; the defendant therefore breached express and implied terms (including s.15(1) SOGO) and plaintiff was entitled to recover the settlement paid to its customer and the contract price for remaining goods totaling US$152,200 plus interest and costs.
14 Nov 2016

LYAG v. YSG (YX)

Citation

LYAG v. YSG (YX)
Court

Court of First Instance
Case number

HCMP802/2016

Leave to appeal was refused because the Judge lawfully exercised case management discretion: the two unsolicited letters were not court‑filed expert reports, were partisan and non‑compliant with the formal requirements for expert evidence (Order 38 and the Code), and disclosure raised consent/confidentiality issues; Dr Hung's report exceeded the express court direction and relied on improper input, so removal from the court file was within the Judge's discretion; the intended appeal had no reasonable prospect of success under the statutory test.