Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fresh point on appeal

  • 16 Nov 2018

    RE QIN JUN

    Citation
    [2018] HKCA 846
    Court
    Court of Appeal
    Case number
    CACV109/2017

    The Court exercised its discretion to refuse admission of the fresh, fact-sensitive point on appeal because it would have affected evidence and the conduct of the case below; the questions raised were not of great general or public importance and did not justify leave to the Court of Final Appeal; the Court ordered disclosure of the third‑party funder and reserved determination of indemnity costs to be assessed on paper, joining the funder for costs once identified.

  • 18 Sept 1985

    YIP CHEONG COMPANY LIMITED v. TAM SANG

    Citation
    YIP CHEONG COMPANY LIMITED v. TAM SANG
    Court
    Court of Appeal
    Case number
    CACV100/1985

    A landlord's written warning under the statutory proviso must be served at a time when the contractual tenancy has been determined and the tenancy continues by virtue of the Ordinance; the Court of Appeal may permit a fresh point to be taken on appeal only if all material facts are before it; because the warnings in this case were given prior to the contractual tenancy being determined and no evidence was produced of a warning served at the required time, the applicants failed to meet the statutory requirement and the appeal fails.