HKSAR v. Dah Sing Bank Ltd

Read the full judgment text of HCMA 54/2014 on BabelCite. This High Court CFI judgment was delivered on 19 May 2014.

Cites 1 case

Case No.HCMA 54/2014
Court
High Court CFI
Date19 May 2014
Judge
Case Document
100%Judiciary

[English Translation - 英譯本]
HCMA 54/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 54 OF 2014

(ON APPEAL FROM FLMP 430/2013)

_______________________

BETWEEN
HKSAR Respondent
and
DAH SING BANK LIMITED
(大新銀行有限公司)
Appellant

_______________________

Before:  Deputy High Court Judge A Wong in Court
Date of Hearing:  11 April 2014
Date of Judgment:  19 May 2014

CORRIGENDUM

Page 21 Para  33 “Although Mr Liu of Counsel asserts that the alterations in question might not have been discovered even if an inspection had been done, the claimant bears the onus of proof on a balance of probabilities[. T]here is no direct evidence to support Mr Liu’s assertion. In my view, not even the proven evidence lends support to the argument in this regard; in particular, as Mr Yip has submitted, the alterations in question could have been discovered simply by visual inspection.”  
Should read “Although Mr Liu of Counsel asserts that the alterations in question might not have been discovered even if an inspection had been done, the claimant bears the onus of proof on a balance of probabilities.  There is no direct evidence to support Mr Liu’s assertion; and in my view, the proven evidence lends no support to the argument in this regard; in particular, as Mr Yip has submitted, the alterations in question could have been discovered simply by visual inspection”

  (Ruby Wong)
  Clerk to Deputy High Court Judge A Wong

21 November 2014

[Translated by the Judgment Translation Unit of the Judiciary]