Hong Kong Case Law: Decisions & Judgments

Topic

Evidence and proof

Legal area

Court

11 Apr 2016

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

Citation

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS
Court

District Court
Case number

DCPI2567/2012

Plaintiff failed to prove on the balance of probabilities that the sand or slippery surface caused the skidding or that the occurrence was an unusual event shifting the burden; absent proof of causation and prima facie negligence, defendants are not liable. Even if burden had shifted, defendants failed to adduce primary evidence (patrol staff and patrol logs) to show an adequate system. Accordingly the plaintiff's claims are dismissed.
9 Sept 2005

DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD

Citation

DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD
Court

District Court
Case number

DCCJ1774/2005

Because the defendant failed to produce any credible or documentary evidence of a triable defence, admitted receipt of payments which it intentionally withheld from the plaintiff, and the plaintiff proved completion of work and valid invoices, summary judgment was entered for the plaintiff for $182,781.00 with interest and costs.
3 Sept 2003

PRIYA LAL HIRANAND v. RAMCHAND GOPALDAS HIRANAND

Citation

PRIYA LAL HIRANAND v. RAMCHAND GOPALDAS HIRANAND
Court

Court of First Instance
Case number

HCSD38/2002

The applications were dismissed because the applicants failed to demonstrate a genuine and serious counterclaim or set-off equal to the debt; contemporaneous documents and earlier solicitor correspondence support the respondent's case that the sums were gifts and weaken applicants' allegations; issue estoppel and lack of credible, admissible evidence and the uncertainty of the alleged trust meant the statutory demands should not be set aside.
28 Sept 2001

CHAN TAK YIM v. WONG TIT KIN AND ANOTHER

Citation

CHAN TAK YIM v. WONG TIT KIN AND ANOTHER
Court

Court of Appeal
Case number

CACV495/2001

The Master erred in awarding quantified loss of profits and consequential loss of earnings without acceptable documentary or reliable evidential basis; awards for loss of profits and loss of earnings are set aside and the remaining claims for loss of capital and loss of earning capacity are to be reassessed by another Master in the High Court.
6 Dec 2000

KEONG GAIK CHENG v. SUN HUNG KAI (NOMINEES) LTD. AND OTHERS

Citation

KEONG GAIK CHENG v. SUN HUNG KAI (NOMINEES) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP5254/2000

The judge found the combination of the DG Bank letter, possession of original share certificates (albeit registered in nominees' names), and the existence of replacement shares and dividends among unclaimed holdings provided sufficient connecting evidence to conclude the shares were acquired for and belonged to the Applicant; accordingly a declaration was made in the terms of the draft order as amended.
27 May 2000

YEUNG SAU CHUEN SAMMY v. SHING SING SUI

Citation

YEUNG SAU CHUEN SAMMY v. SHING SING SUI
Court

Court of First Instance
Case number

HCA15372/1999

Plaintiff failed to prove on balance of probabilities the lost chance to sell in December 1997 and other heads of loss; damages were limited to proved diminution in market value caused by the leakage (HK$400,000) plus reasonable survey cost (HK$5,000); interest to run from judgment date; costs reserved and specific re-amendment costs ordered against plaintiff's solicitors.
14 May 1976

GORDON TAYLOR GRAHAM v. P.J. MANSELL

Citation

GORDON TAYLOR GRAHAM v. P.J. MANSELL
Court

Court of Appeal
Case number

CACV17/1976

With insufficient rental evidence the court substituted loss of use of purchase money (A$10,333.33 = HK$67,164) as the proper yardstick and thereby increased the accommodation head (net increase HK$27,164); it also found a 20% disability to plaintiff's net earnings with a five‑year multiplier yielding HK$40,300 for loss of future earnings after normal retirement age; it allowed HK$2,250 for unpaid education fees and rejected the separate utilities claim for lack of proof.

Hong Kong Case Law

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

DMA SOLUTIONS LTD v. ALFACOM SOLUTIONS LTD

PRIYA LAL HIRANAND v. RAMCHAND GOPALDAS HIRANAND

CHAN TAK YIM v. WONG TIT KIN AND ANOTHER

KEONG GAIK CHENG v. SUN HUNG KAI (NOMINEES) LTD. AND OTHERS

YEUNG SAU CHUEN SAMMY v. SHING SING SUI

GORDON TAYLOR GRAHAM v. P.J. MANSELL