Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Spoliation

Legal area

Court

29 May 2018

CHAN WAI HING, the administratrix of the Estate of LEE GUN, deceased v. MTR CORPORATION LTD

Citation

[2018] HKDC 586
Court

District Court
Case number

DCPI1649/2015

Leave to appeal refused because the plaintiff failed to show a reasonable prospect of success: the defendant's explanations that CCTV recordings were automatically recycled within seven days were credible and there was no clear evidence of deliberate spoliation, there was no evidential basis to infer absence of an anti-slip carpet, evidence elicited in cross-examination was admissible with weight for the trial judge, and proposed additional precautions were unpleaded and could not be pursued at this stage.
20 Oct 2017

BLENDORAN LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BLENDORAN LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV196/2016

The Court of Appeal dismissed the appeal because the Tribunal’s factual findings that the contested roof structures were unauthorised were supported by cogent documentary and photographic evidence and permissible inferences; any reference to a burden on the applicant was an evidential burden tied to proven circumstances rather than a reversal of the legal burden, the presumption of regularity did not apply on these facts or was rebutted, and missing technical plans would not, on the Tribunal’s findings, have shown approval; no legal error of consequence was established.