Hong Kong Case Law: Decisions & Judgments

Topic

Raising new points on appeal

Legal area

Court

25 Jan 2017

EXCELLENT INVESTMENT (GROUP) LTD (IN LIQUIDATION) v. SIN YUK LING

Citation

EXCELLENT INVESTMENT (GROUP) LTD (IN LIQUIDATION) v. SIN YUK LING
Court

Court of First Instance
Case number

HCCW294/2012

Leave to appeal was refused because there was no reasonable prospect of success: the criticisms amounted to re‑argument of discretionary findings or factual rivalries which did not demonstrate error, the JSL failed to take points below and attempted late submissions, and the judge properly exercised discretion in awarding costs against them.
25 Mar 2014

LINKS INT\'L RELOCATIONS LTD t/a LINKS RELOCATIONS V. SWIFT CHRISTOPHER LEE

Citation

LINKS INT\'L RELOCATIONS LTD t/a LINKS RELOCATIONS V. SWIFT CHRISTOPHER LEE
Court

District Court
Case number

DCCJ817/2012

Leave to appeal was refused because none of the grounds advanced by the defendant had a realistic prospect of success: the Quotation point was a new point not raised or evidenced at trial and therefore barred on appeal; the judge's approach to measuring storage damages by what a reasonable storage provider would charge (quantum meruit) was appropriate regardless of alleged interpretation of Interfoto; the plaintiff's lien was legally available given the defendant's continued refusal to pay; challenges to trial conduct, amendment and costs lacked merit; accordingly the stay was refused and cos…
7 May 2002

FLYWIN CO. LTD. v. STRONG & ASSOCIATES LTD.

Citation

FLYWIN CO. LTD. v. STRONG & ASSOCIATES LTD.
Court

Court of Final Appeal
Case number

FACV15/2001

The Court held that the Vendor's new 'subject‑matter of sale' point was a new issue not taken at trial or argued on intermediate appeal and was therefore barred by the state‑of‑evidence and 'not considered on intermediate appeal' hurdles; on the merits the alternative acceptance/waiver/affirmation argument failed because the Purchaser did not accept or waive objections to the unauthorised extensions and raised requisitions within a reasonable time.
30 Mar 1982

NGAI SAU YING v. HENRY CHUE KWOK KEUNG

Citation

NGAI SAU YING v. HENRY CHUE KWOK KEUNG
Court

Court of Appeal
Case number

CACV30/1982

The Court allowed the defendant to argue the new point on appeal but only on the footing that the Court would permit applications to amend the particulars of claim and to admit fresh evidence (and adjourn if necessary) so that the Court would be in possession of all material necessary to dispose of the matter finally without injustice; the Court retained its overall discretion as to costs and granted leave to appeal out of time.

Hong Kong Case Law

EXCELLENT INVESTMENT (GROUP) LTD (IN LIQUIDATION) v. SIN YUK LING

LINKS INT\'L RELOCATIONS LTD t/a LINKS RELOCATIONS V. SWIFT CHRISTOPHER LEE

FLYWIN CO. LTD. v. STRONG & ASSOCIATES LTD.

NGAI SAU YING v. HENRY CHUE KWOK KEUNG