Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Computer records

Legal area

Court

27 Apr 2004

SMELOAN HONG KONG LTD v. TODAY\'S MASTER LTD t/a MASTER GRAPHIC

Citation

SMELOAN HONG KONG LTD v. TODAY\'S MASTER LTD t/a MASTER GRAPHIC
Court

District Court
Case number

DCCJ3376/2002

Plaintiff failed to discharge the burden of proof because the only documentary evidence was unverified computer records which amounted to multiple hearsay; the persons who made the entries were not called and there was no evidence that the computers operated properly or were safeguarded under s49, so the records could not be relied upon to prove the debt; claim dismissed.
28 Oct 1994

DESERT PALACE, INC. t/a CAESARS PALACE v. YIP HON FAT, JIMSON

Citation

DESERT PALACE, INC. t/a CAESARS PALACE v. YIP HON FAT, JIMSON
Court

Court of First Instance
Case number

HCA2335/1992

A genuine mistake occurred when US$210,000 deposited by another customer was wrongly credited to the defendant; the defendant opportunistically obtained and retained the funds by copying the other customer's signature and did not change position in good faith; accordingly plaintiff is entitled to restitution of US$210,000 plus interest from 1 April 1992 and costs on a common fund basis.