7 Mar 2019
CHIM SHUK YEE v. LI YIM FON
- Citation
- [2019] HKDC 295
- Court
- District Court
- Case number
- DCCJ3414/2016
The judge dismissed the leave applications because the plaintiffs failed to demonstrate any legal error or misassessment of evidence that would give their appeals more than a fanciful prospect of success: the factual findings that the defendant did not receive or derive benefit were properly supported; enrichment must be assessed on the case's overall circumstances; the change of position defence was adequately pleaded and factually established; payments that did not pass through the defendant did not enrich her; and the authorities relied on by plaintiffs did not alter the outcome.