Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Weighing of evidence

Legal area

Court

28 Jan 2005

MONTI MARY PAIS v. SHAILESH RAMESH KUWADEKAR

Citation

MONTI MARY PAIS v. SHAILESH RAMESH KUWADEKAR
Court

Court of First Instance
Case number

HCLA65/2004

The application for leave to appeal was dismissed because the grounds advanced attacked the Tribunal's factual findings rather than demonstrating any error of law; the claimant admitted after review of the recording that she did not request the witness to be called, and no reasonably arguable legal point was established.
4 Apr 2003

THE KOWLOON MOTOR BUS CO (1993) LTD v. K K CARGO SYSTEMS (HK) LTD AND ANOTHER

Citation

THE KOWLOON MOTOR BUS CO (1993) LTD v. K K CARGO SYSTEMS (HK) LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV372/2002

The Court dismissed the appeal: the trial judge lawfully admitted and properly weighed the hearsay evidence under the Evidence Ordinance, properly considered s47A/ s49 factors (including impracticability of producing voluminous primary documents and the audited nature of the company records), and was entitled to accept the unchallenged evidence where defendants failed to obtain documents or cross-examine; appellate court will not disturb such findings of fact.