15 May 2019
LI KIN KEUNG v. PU MEI LEE, TERESA AND ANOTHER
- Citation
- [2019] HKCFI 1226
- Court
- Court of First Instance
- Case number
- HCA873/2013
[2019] HKCFI 1226
Hong Kong Case Law
Hearsay and weight of evidence
15 May 2019
LI KIN KEUNG v. YAT FAT LTD AND ANOTHER
- Citation
- [2019] HKCFI 1226
- Court
- Court of First Instance
- Case number
- HCA341/2013
Judge accepted Li's evidence over Pu's: the Undertaking Letter and payment records supported Li's contract for Yat Fat and did not contain any concurrent obligation to transfer 50% of King Wong; handwriting experts and witness credibility showed the 2009 documents were not signed by Li so the exchange of the bearer share was ineffective and Li retained beneficial ownership of General-Lite; Pu's competing factual narratives lacked detail, documentary support and commercial logic; accordingly specific performance was ordered for the Yat Fat sale and Pu's counterclaim dismissed, with declaration…
25 Mar 2009
TANG HOI PING v. WONG CHI HO
- Citation
- TANG HOI PING v. WONG CHI HO
- Court
- District Court
- Case number
- DCPI680/2008
On the balance of probabilities the vehicle traffic light was red, the defendant was negligent in failing to stop and/or in failing to keep proper lookout and is liable for the plaintiff's injuries; the plaintiff was not contributorily negligent; damages totalling HK$343,610 awarded together with specified interest and costs.
20 Dec 2001
KIND CHEER INDUSTRIAL LTD. v. TANG CHEE KEUNG
- Citation
- KIND CHEER INDUSTRIAL LTD. v. TANG CHEE KEUNG
- Court
- District Court
- Case number
- DCCJ16464/2000
The Plaintiff failed to prove on the balance of probabilities that the Defendant withdrew and failed to account for the alleged sums because the primary evidence consisted of unreliable hearsay lists, the Plaintiff failed to produce the bookkeepers and audited financial statements necessary to test the evidence, and therefore the claim must be dismissed; the Defendant's counterclaim was dismissed because his admitted forgeries rendered his testimony unreliable.
2 Apr 2001
CHIU WING SZE KARBY v. CHAN YING WAI AND ANOTHER
- Citation
- CHIU WING SZE KARBY v. CHAN YING WAI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI616/1999
Court found on balance that the plaintiff did work at the newspaper stall but rejected her asserted high earnings as unreliable; awarded pre-trial loss of earnings at HK$3,000 per month for 12 months (HK$36,000); held that illegal hawking of newspapers was not sufficiently culpable to bar recovery; awarded general damages for pain, suffering and loss of amenity HK$150,000 and other special damages HK$23,862, totaling HK$209,862 with specified interest and costs directions.
11 Oct 2000
WONG WUI v. YIN SHIU HEE PETER
- Citation
- WONG WUI v. YIN SHIU HEE PETER
- Court
- Court of First Instance
- Case number
- HCA9042/1998
The defendant by refusing or avoiding the agreed inspection (a fundamental contractual term) repudiated the contract; the plaintiff validly elected damages in lieu of specific performance at trial; accordingly the plaintiff is entitled to damages totaling HK$166,445 and the defendant's counterclaim is dismissed.