Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and documentary evidence

Legal area

Court

5 Mar 2024

陳頌恩對陳瑞芳及另一人

Citation

[2024] HKDC 64
Court

District Court
Case number

DCCJ1994/2019

On the balance of probabilities the plaintiff failed to prove any binding 1998 or 2014 family oral agreement or common intention conferring a beneficial interest; plaintiff’s documentary and recorded evidence undermined his credibility (including three signed public housing applications declaring no property interest); therefore no constructive trust, resulting trust or estoppel arose and the claim fails.
24 Feb 2023

林文英對 SO WAH KWAN（蘇華坤）the administrator of the estate of CHIU LAI CHING（趙麗貞）, deceased, formerly t/a BEAUTY REGENT（麗晶專業美容中心）

Citation

[2023] HKDC 254
Court

District Court
Case number

DCPI2309/2018

The claim was dismissed because the plaintiff failed to prove negligence or causation: there was no objective evidence of defective chair or carpet, no contemporaneous complaints, medical records supported only a wrist injury, expert and surveillance evidence undermined the plaintiff's account and credibility, and therefore defendant was not liable.
4 May 2021

DING SHU JU v. CHU SAI KEUNG

Citation

[2021] HKCA 626
Court

Court of Appeal
Case number

CACV185/2016

The appeal is allowed and the trial judgment set aside because the trial judge failed to consider clause III of the contemporaneous Restructuring Agreement — a clause that, on its proper construction, arguably imposed an obligation on the investors to share company liabilities according to share proportions. That omission materially affected key factual and legal conclusions (characterisation of transfers and running account). Other grounds (partnership argument and PRC judgment binding) failed because parties conducted as direct shareholders and the PRC judgment issue was not pleaded or prov…
18 Oct 2019

CHONG TAO BOON VINCENT v. WONG RAYMOND FOOK LAM

Citation

[2019] HKCFI 2556
Court

Court of First Instance
Case number

HCA1759/2016

On the balance of probabilities the defendant satisfied the court that the six disputed cash payments had been made and that documentary and witness evidence (secretary and driver) corroborated those payments; the court therefore dismissed the claim for a general account and inquiry of HK$2,430,595 save for specified disputed items (items 42–48) relating to the Property, granted the plaintiff a declaration that the defendant holds 50% beneficial interest in the Property as nominee and trustee, ordered verified accounts and supporting documents in respect of items 42–48 within three months, al…
28 Dec 2009

FBC CONSTRUCTION CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

Citation

FBC CONSTRUCTION CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
Court

Court of First Instance
Case number

HCA1363/2008

1) Dismissed defendant's application for a preliminary trial because the limitation defence raises fact‑sensitive issues (accrual date and acknowledgments) requiring oral testimony, credibility assessments and documentary/accounting examination that overlap with core issues; separate trial would risk inconsistent findings and not save costs. 2) Dismissed plaintiff's application for security for costs under s.357 because, despite evidence the company may be unable to pay, there is substantial overlap between the plaintiff's claim and the defendant's counterclaim, making security inappropriate…
10 Apr 2008

BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD

Citation

BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI ENTERPRISES CO LTD
Court

Court of First Instance
Case number

HCA886/2007

The Striking Out application was dismissed because it was neither a plain and obvious case of irrelevance nor timely given the consent orders permitting filing of the Rejoinders and subsequent conduct; the Subject Paragraphs bear on credibility and underlying financial matters relevant to the disputes. An order under O.4 r.9 was appropriate because the five related actions arose from the same series of transactions (1999–2004), involved overlapping issues and witnesses, and would benefit from sequential trials before the same bilingual judge for effective case management and to avoid inconsis…
8 Jun 2004

FUNG WAI SZE GRACE v. CHAN WAI CHAK NOEL C/O ASSOCIATED CAPITAL LTD

Citation

FUNG WAI SZE GRACE v. CHAN WAI CHAK NOEL C/O ASSOCIATED CAPITAL LTD
Court

District Court
Case number

DCCJ108/2003

On the balance of probabilities the judge found the monies advanced by the plaintiff were loans to the defendant, the defendant made partial repayments, and an outstanding principal of HK$261,000 remained payable by the defendant; the defendant's defence that the monies were a joint investment in a golf club membership was rejected and his counterclaim dismissed.
11 May 1983

THE QUEEN v. LAM KOK-CHIU

Citation

THE QUEEN v. LAM KOK-CHIU
Court

Court of Appeal
Case number

CACC122/1983

The Court held the trial judge's reasons for rejecting the asserted tenancy and the rent-receipt evidence were insufficient and in part erroneous (the rent book was not an eleventh-hour fabrication); because these erroneous credibility findings were material to the safety of the conviction the conviction was quashed and a retrial ordered.