Hong Kong Case Law: Decisions & Judgments

Topic

Appeal standard for findings of fact

Legal area

Court

12 Sept 2017

YIP MEI NA v. CHOW LAP KWOK PATRICK AND OTHERS

Citation

YIP MEI NA v. CHOW LAP KWOK PATRICK AND OTHERS
Court

District Court
Case number

DCCJ1226/2015

The application for leave to appeal is refused because the plaintiff's three grounds lack a reasonable prospect of success under s63A(2): the documents identified were not relied upon and were irrelevant or self‑serving; the judge permissibly considered contemporaneous communications and made credibility and probability findings entitled to deference; the Conveyance argument was unpleaded and unmeritorious; and the defendant's fallback defence that payment of HK$450,000 discharged the claim was reasonably supported by evidence such as text messages.
23 Aug 2016

LAM CHUEN LUNG v. TSE HOU WAN

Citation

LAM CHUEN LUNG v. TSE HOU WAN
Court

Court of Appeal
Case number

CACV7/2015

The Court of Appeal concluded the trial judge had materially misdirected himself in his understanding of the plaintiff's evidence on why the defendant's name was added and on the repayment evidence relating to Lam Sing Yin, rendering his finding of a common intention to co‑own unsatisfactory; because the disputed issues are fact‑sensitive and properly for trial fact‑finding, the appropriate remedy is to allow the appeal, set aside the judgment and order a re‑trial.
21 Feb 2014

LAM CHING SHEUNG v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAM SHUI, DECEASED AND OTHERS

Citation

LAM CHING SHEUNG v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAM SHUI, DECEASED AND OTHERS
Court

Court of Appeal
Case number

CACV46/2013

The appeals were dismissed because the trial judge's factual findings were supported by the evidence and not plainly wrong, the substantive points relied upon by the appellants were either not pleaded at trial and could not properly be raised for the first time on appeal or would fail on the facts as found, and the judge properly exercised his discretion in awarding indemnity costs given the defendants' conduct.
22 Feb 2012

LAM YIN KWAN AND OTHERS v. DANNY HOR YAT FUNG AND ANOTHER

Citation

LAM YIN KWAN AND OTHERS v. DANNY HOR YAT FUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV115/2011

The Court of Appeal upheld the trial judge's credibility-based findings that a concluded oral agreement was reached on 22 May 2007 and was legally binding; the defendants failed to show the judge was plainly wrong on the facts or that alleged uncertainties rendered the agreement unenforceable; the appeal was dismissed and enhanced costs (indemnity basis with certificate for two counsel) were appropriate given the defendants' conduct.

Hong Kong Case Law

YIP MEI NA v. CHOW LAP KWOK PATRICK AND OTHERS

LAM CHUEN LUNG v. TSE HOU WAN

LAM CHING SHEUNG v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAM SHUI, DECEASED AND OTHERS

LAM YIN KWAN AND OTHERS v. DANNY HOR YAT FUNG AND ANOTHER