4 Jul 2001
LEUNG SIU YING v. CHUNG TAT MING AND OTHERS
- Citation
- LEUNG SIU YING v. CHUNG TAT MING AND OTHERS
- Court
- District Court
- Case number
- DCCJ6323/2001
The alleged settlement raises factual issues that must be determined in the Court of First Instance because a finding that a pre-judgment compromise exists could justify setting aside the judgment (and post-judgment compromise affects enforceability); decisions of the Court of First Instance bind the District Court and a lower court should not be allowed to overturn or determine matters that may impinge on a higher court's judgment by simple arithmetic subtraction of amounts claimed; accordingly factual issues must be tried (viva voce) in the appropriate forum and execution should be stayed u…