21 Apr 2004
LEE YIU KWAN v. TING YIN WAH
- Citation
- LEE YIU KWAN v. TING YIN WAH
- Court
- Court of Appeal
- Case number
- CACV311/2002
The judge erred in bifurcating the trial to preliminary legal issues without properly formulating those issues, without giving the parties opportunity to address newly raised matters (notably the money‑lender licence issue), and by deciding fact‑dependent questions (illegality under the elections legislation and inequity under s.23 Money Lenders Ordinance) as preliminary law; therefore the judge's orders and rulings were set aside and the matters remitted for full retrial (except the $4,845 claim withdrawn by consent).