29 Sept 1988
CHEUNG YAU BOR AND OTHERS v. WONG FOOK AND OTHERS
- Citation
- CHEUNG YAU BOR AND OTHERS v. WONG FOOK AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV72/1988
The appeal is allowed in part because the trial judge erred in resolving a critical factual dispute (whether the appellant received notice) on conflicting affidavit evidence without calling and cross-examining witnesses; that unresolved factual issue is determinative of the validity of the majority's election and therefore the May 9 order (except paragraph 4) is set aside and the matter remitted to the trial judge to make the factual finding and, if necessary, reconsider appropriate relief in light of the Transport Department's discretion.