Lkw v. Ky

Read the full judgment text of CACV 182/2015 on BabelCite. This Court of Appeal judgment was delivered on 30 August 2017 before Hon Lam VP, Cheung and Chu JJA.

Civil Appeal – Corrigendum – Judgment corrections – Beneficial ownership of properties – Delivery notes – Costs sanction – Practitioners Practice Direction – Correction of judgment text regarding adverse inference and evidence concealment – Corrigendum issued by Registrar to amend specific paragraphs in the judgment dated 13 April 2016.

Outcome: Corrigendum issued to correct specific paragraphs in the judgment.

Cites 1 case

Case No.CACV 182/2015
Court
Court of Appeal
Date30 Aug 2017
JudgeHon Lam VP, Cheung and Chu JJA
Case Document
100%Judiciary

CACV 182/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 182 OF 2015

(ON APPEAL FROM FCMC 530 OF 2011)

_______________

BETWEEN
  LKW Petitioner
and
  KY Respondent

_______________

Before: Hon Lam VP, Cheung and Chu JJA in Court

Date of hearing and judgment: 13 April 2016

Date of Reasons for Judgment: 30 August 2017

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CORRIGENDUM

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1.On page 4, in paragraph 8(6), at the 5th line, the part of the sentence after the semi-colon should read:

“and the court is entitled to draw adverse inference that the petitioner was the beneficial owner of the two properties (Judgment §§79 and 89).”

2.On page 11, in paragraph 25, the 2nd sentence should read:

“Her evidence in this regard was accepted by the Judge, including her evidence that the four delivery notes were found from the Fumin Property stapled together in a bundle.”

3.On page 12, in paragraph 29, at the 9th line, the sentence should read:

“As the Judge had observed, had it not been the case, the petitioner would not have to conceal from the respondent his interest in the Properties.”

4.On page 14, in paragraph 32, the last sentence should read:

“Practitioners in particular should bear in mind that failure to observe the Practice Direction could result in costs sanction, including an order disallowing them the costs for preparing the bundles not only inter partes but also between solicitors and clients.”


Dated this 2nd day of November 2017


  (Mike Mak)
  for Registrar, High Court

Other Judgments in This Case

Further hearings and rulings under CACV 182/2015