Hong Kong Case Law: Decisions & Judgments

Topic

Discretion of trial judge

Legal area

Court

25 Sept 2020

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO TIANDE GROUP LTD) AND OTHERS

Citation

[2020] HKCFI 2511
Court

Court of First Instance
Case number

HCA2939/2016

Leave to appeal was refused because none of the proposed grounds had a reasonable prospect of success and, even if any did, the judge would in any event have refused leave in the exercise of his discretion given serious allegations of dishonesty, significant factual disputes unsuitable for resolution on affidavit, and case management and proportionality considerations; accordingly summary judgment and interim payment were correctly refused.
29 Jan 2009

ELIJAH SAATORI v. RAFFLES MEDICAL GROUP

Citation

ELIJAH SAATORI v. RAFFLES MEDICAL GROUP
Court

Court of Appeal
Case number

CACV109/2008

The application for leave to appeal to the Court of Final Appeal is dismissed; the Court of Appeal had correctly set aside the trial judge's striking out order conditionally because the trial judge had focused on causation despite evidence on causation existing and the true objection related to lack of expert evidence on negligence; appellate courts may revisit discretionary decisions where new developments or omissions are shown.
22 Jan 2009

HKSAR v. CHOW YUEN HAN

Citation

HKSAR v. CHOW YUEN HAN
Court

Court of First Instance
Case number

HCMA877/2008

The Magistrate properly exercised her discretion under Cap.492: although the prosecution witness was unreliable leading to acquittal, the appellant's own conduct and the items in her possession legitimately raised suspicion, therefore refusal of costs was justified and the appellate court will not interfere.
30 Jul 1992

R. v. MARK AYIVOR

Citation

R. v. MARK AYIVOR
Court

Court of Appeal
Case number

CACC359/1991

The trial judge did not abuse his discretion in refusing to sever the charges because trying them together caused no injustice or prejudice to the defendant; the Bill of Rights did not apply to the Crimes Ordinance charge due to the statutory exclusion in the Schedule for the transitional period; the sentence of three years for the combined offences was not manifestly excessive given the seriousness and indicia of participation in an illegal passport racket.
2 Feb 1984

WILLIAM TEH YEE LEE TRADINGS AS HONG KONG KOWLOON FIRST SECURITIES CO. AND OTHERS v. THE NIKKO SECURITIES CO. (ASIA) LTD. AND OTHERS

Citation

WILLIAM TEH YEE LEE TRADINGS AS HONG KONG KOWLOON FIRST SECURITIES CO. AND OTHERS v. THE NIKKO SECURITIES CO. (ASIA) LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV5/1984

The appeal was dismissed because the Court was not satisfied Mantell, J. was wrong: the evidence in the first and third actions could not be confined so as to avoid repetition at the trial of the second action, and thus the judge properly exercised his discretion to postpone the first and third trials until completion of the second.

Hong Kong Case Law

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO TIANDE GROUP LTD) AND OTHERS

ELIJAH SAATORI v. RAFFLES MEDICAL GROUP

HKSAR v. CHOW YUEN HAN

R. v. MARK AYIVOR

WILLIAM TEH YEE LEE TRADINGS AS HONG KONG KOWLOON FIRST SECURITIES CO. AND OTHERS v. THE NIKKO SECURITIES CO. (ASIA) LTD. AND OTHERS