25 Feb 2013
王東福 v. 鄧穎詩
- Citation
- 王東福 v. 鄧穎詩
- Court
- Court of First Instance
- Case number
- HCSA36/2012
The appeal is dismissed because the defendant, having become a bailee of the claimant's goods (even without consent), owed a non-delegable duty to take reasonable care and failed to discharge the burden of proving she exercised all reasonable care; although the strict Ladd v Marshall test is not the sole test for admission of fresh evidence on a s27A review, the proffered fresh evidence (Mr Yan) was immaterial and would not have altered the result, and the Adjudicator's reasons were adequate to support findings of negligence and liability.