Read the full judgment text of DCPI 353A/2012 on BabelCite. This District Court judgment was delivered on 6 August 2013 before 陳嘉信.
Civil law – personal injuries – leave to appeal – District Court Ordinance s.63A(2) – plaintiff tripped by alleged nail on covered pedestrian walkway at Tin Yuet Estate – claim against Hong Kong Housing Authority – whether proposed appeal has reasonable prospect of success – whether other reasons in interests of justice warrant hearing – appellate court generally will not interfere with trial judge's findings on primary facts per Ting Kwok Keung v Tam Dick Yuen [2002] 3 HKLRD 1 – trial judge had advantage of observing witnesses' demeanour and testimony – witnesses Zhang Liumei and Huang Weijuan found honest and reliable with no motive to lie – Housing Officer Du Kaien not present at scene so her evidence immaterial to the location of the fall – no reasonable prospect of success – no other reason in interests of justice – leave to appeal refused – costs of leave application to plaintiff with counsel's certificate.
Legal issues: Whether leave to appeal should be granted under s.63A(2) of the District Court Ordinance
Outcome: Leave to appeal refused.
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