Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Missing documents

  • 20 Oct 2017

    BLENDORAN LTD v. APPEAL TRIBUNAL (BUILDINGS)

    Citation
    BLENDORAN LTD v. APPEAL TRIBUNAL (BUILDINGS)
    Court
    Court of Appeal
    Case number
    CACV196/2016

    The Court of Appeal dismissed the appeal because the Tribunal’s factual findings that the contested roof structures were unauthorised were supported by cogent documentary and photographic evidence and permissible inferences; any reference to a burden on the applicant was an evidential burden tied to proven circumstances rather than a reversal of the legal burden, the presumption of regularity did not apply on these facts or was rebutted, and missing technical plans would not, on the Tribunal’s findings, have shown approval; no legal error of consequence was established.

  • 3 Nov 2011

    NG SAU WAH SYLVIA v. KWAN LAI FAN AND ANOTHER

    Citation
    NG SAU WAH SYLVIA v. KWAN LAI FAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1565/2011

    The statutory declaration by the handling solicitor provided a sufficiently clear and cogent explanation of the loss, contents and attempts to find the Power of Attorney and therefore adequately answered the Purchasers' requisition as to that document; the prior Agreements to sell and evidence of stamp duty were not documents required to prove title and thus the vendor was not obliged to produce them; accordingly the Purchasers' requisitions were satisfactorily answered and the vendor has shown good title.