Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assessment of inherent probabilities

Legal area

Court

31 Mar 2025

NG KOON FAI v. TO CHUNG YIN AND ANOTHER

Citation

[2025] HKDC 429
Court

District Court
Case number

DCCJ1878/2021

The application for leave to appeal is dismissed because the proposed appeal lacks a reasonable prospect of success: the trial judge's factual findings (including that the Guarantee was forged and preference for Dr Leung's expert opinion) were supported by evidence, the Plaintiff failed to identify palpable errors or unfairness warranting appellate intervention, and the proposed fresh evidence was irrelevant or improperly tendered post-trial.
26 Jan 2021

YAU LAI WAH v. WONG KAN YU

Citation

[2021] HKCA 119
Court

Court of Appeal
Case number

CACV133/2020

The Court of Appeal upheld the Recorder's factual findings: the plaintiff failed to prove on the balance of probabilities that HK$3,000,000 was a loan from her to the defendant; the Recorder properly assessed inherent probabilities and contemporaneous documents and was entitled to decline to draw an adverse inference from the defendant's failure to give oral evidence; the burden of proof remained on the plaintiff because the defendant denied the loan; the appeal was dismissed.