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Hong Kong decisions
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Summary judgment was refused in a family dispute over alleged duress and undue influence, because the documents and recordings left genuine factual issues for trial.
The court set aside multiple impugned documents, awarded damages and account relief, but dismissed several fraud claims as time-barred.
The trial judge provided adequate reasons and engaged with the principal criticisms of the complainant's evidence; his credibility findings were open on the evidence and the applicant's grounds did not show an arguable case that the conviction was unsafe, therefore leave to appeal against conviction is refused.
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The leave application was refused because the grounds attacked the trial judge's factual findings and credibility assessments; those findings and inferences were reasonable and not plainly wrong, and the prosecution evidence was sufficient to support the convictions.
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The District Court dismissed a late notice of appeal, refusing an extension of time after finding no adequate explanation for a 42-day delay and no real prospect of success.
The District Court refused leave to extend time to appeal, struck out the notice of appeal, and upheld the master’s strike-out order against the plaintiff.
Leave to apply for judicial review was refused because the applicant failed to make full and frank disclosure of material documents in an ex parte leave application and the magistrate's refusal to issue private summonses was a reasonable application of the prima facie screening test; the proposed criminal charges lacked sufficient prima facie evidence and the judicial review had no realistic prospect of success, so even if leave were granted the substantive claim would be dismissed.
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The court ordered a joint psychiatric examination and joint expert report on Madam Law’s capacity, with conditional access to hospital and private medical records.
The application for leave to appeal is refused because the Small Claims Tribunal's judgment involved factual credibility findings supported by detailed reasons; those findings did not raise a question of law nor demonstrate excess of jurisdiction or a failure to discharge inquiry obligations under Cap.338. There was no objective evidence of bias or procedural unfairness warranting permission to appeal.
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The claim was struck out because the plaintiff lacked standing to sue on behalf of the deceased, the pleaded case disclosed no reasonable cause of action and was frivolous or an abuse of process, the criminal allegations were unsupported by records and inappropriate for resolution by private civil summons, and the prerequisites for declaratory relief were not satisfied.
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