Read the full judgment text of CACV 311/2005 on BabelCite. This Court of Appeal judgment was delivered on 2 April 2007 before 鄧國楨，任君，馮驊.
Civil Appeal – High Court Court of Appeal – Jury Trial – High Court Ordinance s.33A – Costs – Lawyer Negligence – Collusion Allegation – Appellate Review of Fact-Finding – Whether case requires jury trial under s.33A High Court Ordinance – No, case does not fall under statutory categories and no special circumstances exist – Whether appellate court should interfere with trial judge's fact-finding – No, trial judge observed witnesses and findings were reasonable – Whether collusion allegation proven – No, evidence insufficient for serious accusation – Whether judge should recuse – No, judge assignment by Listing Officer – All appeals dismissed – Costs ordered against Appellant in CACV 311/2005 & CACV 373/2005, no costs in CACV 326/2005
Legal issues: Jury Trial Application · Appellate Interference with Fact-Finding · Standard of Proof for Collusion · Judge Recusal Application
Outcome: All three appeals dismissed
Cited by 4 cases · Cites 2 cases