4 Nov 2015
YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER
- Citation
- YUNG TAI YIN v. CHAN YUEN TUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI1225/2014
The appeal was dismissed because the plaintiff failed to plead or adduce any material facts or particulars or documentary evidence to show that the 2nd defendant authorised or directed D1 and Chiau to commit the alleged torts; under the test for secondary liability a clear evidential foundation (direction by the company and inevitability of the tort) was required and was absent; new affidavit material was not admitted and adjournment was refused; therefore the claim against D2 was bound to fail and the master's strike‑out was upheld.