Read the full judgment text of CACV 000141/2004 on BabelCite. This Court of Appeal judgment was delivered on 19 April 2005 before Rogers VP, Le Pichon JA, Chung J.
Civil procedure – appeal – findings of fact – abuse of process – costs – The administrator of the estate of Chiu Tso To claimed certain publicly listed shares belonged to the deceased. After a 7-day trial, the judge found in favor of the administrator, rejecting the defendants' evidence that the shares were purchased by their mother or that the presumption of advancement applied. The 2nd to 8th defendants appealed. At the appeal hearing, only the 6th defendant appeared in person; she could not articulate any reason for challenging the judgment and admitted she did not understand why she lost. The court dismissed the appeal, noting the pursuit of the appeal was little short of an abuse of process and a waste of court time. Costs were ordered against all appellants.
Legal issues: Appeal against findings of fact
Outcome: Appeal dismissed; order for costs made against the appellants in favor of the administrator.