Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pleadings vs evidence

Legal area

Court

13 Jul 2009

TSANG SHUK KWAN v. SHIU YIM FONG LOUISA AND ANOTHER

Citation

TSANG SHUK KWAN v. SHIU YIM FONG LOUISA AND ANOTHER
Court

District Court
Case number

DCCJ893/2008

The application to strike out was dismissed: (1) on no-cause-of-action ground the court must assess the pleadings alone and conflicting versions in pleadings should be left for trial; (2) on abuse-of-process ground there was insufficient material to find the plaintiff's explanation unreasonable or incredible so as to justify striking out.
1 Jun 2001

MONTRES ROLEX S.A. AND ANOTHER v. TSANG YIU CHUNG t/a LEIGHTON TRADING CO. AND ANOTHER

Citation

MONTRES ROLEX S.A. AND ANOTHER v. TSANG YIU CHUNG t/a LEIGHTON TRADING CO. AND ANOTHER
Court

Court of First Instance
Case number

HCA15349/1999

The appeal was dismissed because the Requests for Further and Better Particulars were unnecessary, inappropriate, incomprehensible and oppressive; many sought evidence rather than facts or premature cross‑examination, and the Master’s refusal was therefore upheld with costs to the plaintiffs to be taxed and paid forthwith.