Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assessment of factual findings on appeal

  • 20 Oct 2017

    SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

    Citation
    SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV240/2016

    The Court of Appeal found that the trial judge materially misapprehended the plaintiff's unchallenged evidence and over-relied on photographs; on correct findings the plaintiff established causation and liability and the defendants failed to prove contributory negligence, so the appeal is allowed and judgment entered for the plaintiff.

    • Causation
    • Burden of proof
    • Apportionment of liability
    • Assessment of factual findings on appeal
    • Duty to maintain safe premises

  • 17 Oct 2003

    CHENG YING HUNG t/a PO SHING CO. v. YUEN CHAK CONSTRUCTION CO. LTD

    Citation
    CHENG YING HUNG t/a PO SHING CO. v. YUEN CHAK CONSTRUCTION CO. LTD
    Court
    Court of First Instance
    Case number
    HCA411/2001

    The defendant failed to satisfy the court that enforcement of the judgment would render a successful appeal nugatory because its director's unchallenged assertion of insolvency was inconsistent with the company's own accounts showing substantial assets and turnover; absent credible evidence of inability to repay, the court refused the stay and ordered the defendant to pay the costs of the application.

    • Stay of execution pending appeal
    • Arguable appeal
    • Nugatory enforcement
    • Liquidation risk
    • Assessment of factual findings on appeal

  • 10 Jan 1990

    LI KWAI FONG AH PAT v. BACHY SOLETANCHE GROUP (a firm) AND ANOTHER

    Citation
    LI KWAI FONG AH PAT v. BACHY SOLETANCHE GROUP (a firm) AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV30/1989

    The appeal is dismissed because the trial judge's conclusion that the appellant did not prove the accident and resulting injuries was supported by ample evidence, estoppel was not pleaded and cannot be relied on, the appellant's counsel consented to the late defence amendment, and no miscarriage of justice from unavailable mains electricity records is shown; absent clear error an appellate court will not disturb factual findings.

    • Estoppel
    • Amendment of defence
    • Assessment of factual findings on appeal
    • Legal aid
    • Costs
    • Burden of proof