2 Feb 2018
LI SHIU TO v. CHEUNG PIK NG AND OTHERS
- Citation
- [2018] HKCFI 222
- Court
- Court of First Instance
- Case number
- HCA416/2003
The statutory assumption in s3(4) of the Contribution Ordinance does not relieve the settling defendant of the requirement to establish the third party's liability to the plaintiff; where the settling defendant's own pleadings and primary evidence contradict the factual basis necessary for the assumption, the assumption is displaced. Here D1's pleadings and witness statements displaced the statutory assumption and D1 failed to prove that TP knew the 801 shares belonged to the estate or that TP acted dishonestly in assisting D1; accordingly TP was not liable and the contribution claim fails.