Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Balance of probabilities

Legal area

Court

17 Oct 1984

MIRADOR INVESTMENT CO LTD v. TAN CHONG KENG

Citation

MIRADOR INVESTMENT CO LTD v. TAN CHONG KENG
Court

Court of First Instance
Case number

HCA10624/1983

The judge found the defendant's and his son's evidence not credible on key matters, noted lack of documentary corroboration and inconsistencies with earlier statements, and concluded that on the balance of probabilities the plaintiff proved non-repayment. Therefore judgment was entered for the plaintiff for HK$300,000 with post-judgment interest at the rate prescribed by the Chief Justice and no contractual interest awarded.
16 May 1968

WONG WAH AND OTHERS v. LEUNG MING YIM

Citation

WONG WAH AND OTHERS v. LEUNG MING YIM
Court

Court of Appeal
Case number

CACV13/1968

The appellate court held the judge was not justified in reversing his earlier dismissal; on the balance of probabilities the plaintiffs' claim failed because delay, subsequent acceptance of work and payments, and lack of working passes made their account improbable, so the original judgment dismissing the claim was restored.