06 July 2007

MAK KIT CHING KITTY and FU MEE YUK SHIRLEY, administratrixes of the estate of FU KWOK KAI, DANIEL (Deceased) v. TSANG YIU WING and others CACV 377/200

S’s words:-
Another good example that the decision is against the Plainitiff (the Appellant) despite of the presence of the greatest sympathy of a High Court Judge.

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“This I find a very difficult case, not so much because of the legal matters involved but because it involves a tragic accident in which the father of a family was killed and I can only express my greatest sympathy for those he left behind. But nevertheless, I have to look at this case in the way it is presented.

... but, unfortunately, I regret that I cannot see that there is merit in this appeal or, to put it another way, that this appeal is likely to succeed or that it has a reasonable chance of success.

So I come to the conclusion, with some regret, I have to order security for costs. I am going to do it in a very much reduced amount to the amount requested.”

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