Hong Kong Law Reports and Digest: Recently reported cases, with observations by Mr Justice Bokhary
The following cases were recently reported by the Hon Mr Justice Bokhary. See below for His Lordship’s remarks and observations by way of Editor’s Notes.
Wong Yun Wai (黃潤偉) v China Overseas Property Services Ltd (中國海外物業服務有限公司) [2023] 4 HKLRD 1
“This judgment gives a balanced view on the system of keeping a toilet dry and of maintaining a proper lookout for puddles of water on the toilet floor. The judgment is also useful on quantum, which is dealt with at paras.41-90.”
Lui Ming Lok (雷明樂) v Ng Im Fong Loretta (伍艷芳) [2023] 4 HKLRD 37
“While the foregoing holdings sufficiently state what the Court of Appeal held to be the law on the point, the way in which the Court of Appeal dealt with the origins of the common law rule contended for, and with the course of Hong Kong legislation resulting in that rule of common law no longer being part of our law, is of general relevance.”
HKSAR v Khan Sadam Biland [2023] 4 HKLRD 140
“Having regard to the learned Justice of Appeal's approach in this case, practitioners would be well advised to consider asking for an expedited appeal hearing in the alternative to bail pending appeal.”
Chan Fung Yu Anji (陳豐裕) v Hong Kong Sheng Kung Hui Welfare Council Ltd (香港聖公會福利協會有限公司) [2023] 4 HKLRD 223
“See the Judge's observations at paras.27-30 of the decision.”
Chung Ho Ming v Chan Wai Yip and Kowloon Motor Bus Co (1933) Ltd [2023] 4 HKLRD 237
“The Judge has set out the principles which he found applicable and explained why, upon applying them, he found that the passenger was the sole author of his own misfortune and that there was no negligence on the part of the bus driver or the bus operator.”
Director of Social Welfare v LPK (No 2) [2023] 4 HKLRD 405
“(i) The most important part of this case is of course the part covered by holding (3) above. (ii) See also [2023] 2 HKLRD 577 for earlier related proceedings.”
Sky Globe Holding Ltd v Hung Lee Estates Ltd [2023] 4 HKLRD 413
“The learned Judge has dealt at length with the principles which he considered relevant, and has indicated how they apply to produce the result at which he arrived. While the foregoing holdings sufficiently indicate the essential basis of this decision, the whole of the decision naturally repays study.”
Lai Chun Hung v Secretary for Civil Service [2023] 4 HKLRD 440
“The learned Judge (i) decided what ought to have happened; (ii) considered whether it not having happened had resulted in unfairness (holding that it had); and (iii) then considered whether such unfairness was cured on appeal (holding that it was not).”
Liang Ying v Wong Sze Man [2023] 4 HKLRD 749
“The parties' sensible agreement to a speedy trial without pleadings sets an example which can usefully be followed in some, possibly many, other cases.”