Hong Kong Case Law: Decisions & Judgments

Topic

Expert evidence weight

Legal area

Court

9 Jan 2023

ORIENTAL MOON LTD v. GOLDEN SINO LINK LTD AND OTHERS

Citation

[2023] HKLdT 3
Court

Lands Tribunal
Case number

LDCS32000/2019

Leave to appeal was refused because the intended grounds lacked any reasonable prospect of success and no other interest of justice justified an appeal; the stay of execution was refused because the minimum requirements for a stay were not met, the balance of prejudice favoured refusing a stay given the imminent auction and risks to other parties and redevelopment value.
6 May 2022

YUEN KA HO v. WONG CHIN MAN AND OTHERS

Citation

[2022] HKCFI 942
Court

Court of First Instance
Case number

HCPI751/2018

The court accepted the expert opinion of Dr Ko and the 2015 MRI findings, concluded the Plaintiff grossly exaggerated and was not a credible witness, assessed total damages at HKD 272,217, found that employees compensation of HKD 1,277,400.16 exceeded the assessed damages so the Plaintiff was not entitled to recover, dismissed the action against the 3rd and 4th Defendants and ordered costs against the Plaintiff (indemnity basis for defendants, Legal Aid rules for plaintiff's own costs); discontinued action against 1st and 2nd Defendants with costs ordered against the Plaintiff to be taxed on…
2 Apr 2020

香港特別行政區訴林子健

Citation

[2020] HKCFI 562
Court

Court of First Instance
Case number

HCMA179/2019

The appellate court dismissed the appeal because the trial judge's factual findings — that the masked man on CCTV was the appellant and that the reported abduction did not occur — were properly based on admissible identification evidence, corroborative physical items and credible medical and police evidence, and the cumulative evidence proved the offence beyond reasonable doubt so the conviction was not unsafe.
23 Jun 2017

TSANG YEE MAN v. CHANEL HONG KONG LTD FORMERLY KNOWN AS CHANEL LTD

Citation

TSANG YEE MAN v. CHANEL HONG KONG LTD FORMERLY KNOWN AS CHANEL LTD
Court

Court of First Instance
Case number

HCPI918/2015

The court accepted the orthopaedic expert Dr Ko that the accident caused only a low energy soft tissue sprain of the left foot/ankle with good prognosis and that the plaintiff's chronic plantar fasciitis and nonspecific knee pain were unrelated; the joint psychiatric opinion of Dr Lai that there are mild residual psychiatric symptoms causally linked to the accident was preferred over the treating psychiatrist; given those findings and that the plaintiff had already received HK$1,269,732.36 (exceeding the assessed award of HK$482,755.30), the plaintiff's claim in these proceedings was dismisse…
15 Aug 2016

YAU LEE CONSTRUCTION CO LTD v. CHINA STEEL ENGINEERING CO LTD AND ANOTHER

Citation

YAU LEE CONSTRUCTION CO LTD v. CHINA STEEL ENGINEERING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCT49/2010

The Court preferred the plaintiff's expert interpretations on disputed drawing details and measurements, held that spacer bars and steel chairs are not separately measurable but included in the defendant's rates, disallowed claims for auditorium column works and concrete-testing bars for lack of evidence, allowed 50% of the defendant's transportation claim to reflect external transport costs, upheld the 15% administrative fee under clause 7(b) as a genuine pre-estimate and enforceable, and held the plaintiff entitled to withhold the 20% ex gratia payment because the defendant failed to provid…
11 Feb 2014

KEY LIGHT HOLDINGS LTD AND ANOTHER v. SHIH HUA MIN AND ANOTHER

Citation

KEY LIGHT HOLDINGS LTD AND ANOTHER v. SHIH HUA MIN AND ANOTHER
Court

Court of First Instance
Case number

HCMP2382/2013

The application for leave to appeal was dismissed because the trial judge's acceptance of the joint expert's August 2008 findings was supported by the evidence and not properly impugned by the defendant, so there is no reasonable prospect of success on appeal and no other interest of justice requiring a hearing; accordingly costs were awarded and procedural bar imposed.
13 Nov 2008

SHE WAI HUNG v. JULIANO LIM AND OTHERS

Citation

SHE WAI HUNG v. JULIANO LIM AND OTHERS
Court

Court of Appeal
Case number

CACV411/2007

The appeal was dismissed because the judge correctly found that the right to operate the Factory expired on 10 November 2007, the petitioner failed to prove any entitlement to extend that right for the life of the land use rights, and the judge properly assessed and weighted conflicting expert evidence to reach a fair valuation of the shares.
4 May 2001

Advani, Lavita Lavina Hiranand v. Kolling Company (Hong Kong) Ltd.

Citation

Advani, Lavita Lavina Hiranand v. Kolling Company (Hong Kong) Ltd.
Court

Lands Tribunal
Case number

LDNT82/2001

Because the respondent refused to call its expert for cross-examination and the applicant produced seven reliable comparables (including two closely matching units), the Tribunal accepted the applicant's derived unit rate of $152 per sq.m, applied it to the corrected saleable area of 50.97 sq.m and determined the prevailing market rent inclusive of rates and management fees to be $8,570 per month; deposit to be adjusted pro-rata and other tenancy terms to remain the same.