已故林秀明遺產管理人仇育萍 對 黃娟

已故林秀明遺產管理人仇育萍 對 黃娟

The application for permission to appeal is refused because all alleged grounds challenge the Tribunal's factual findings; the Tribunal's conclusion that the applicant failed to prove the transfer was supported by the evidence and there was no demonstrated legal error (no lack of evidential basis, no consideration...

Source-derived case information.

Citation
[2025] HKCFI 4363
Parties
Applicant: 已故林秀明遺產管理人仇育萍; Respondent: 黃娟
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 September 2025
Case Number
HCSA17/2025
Procedural Posture
Small Claims Tribunal Appeal (application for Permission to Appeal) / Application for Permission to Appeal to the Court of First Instance
Outcome
Application for permission to appeal dismissed
Legal Topics
Leave to Appeal, Appeal Jurisdiction, Evaluation of Evidence, Burden of Proof
Source Language
ch
Civil Probate Small Claims Procedural Law Evidence Leave to Appeal Appeal Jurisdiction Evaluation of Evidence +1 more

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Parties

已故林秀明遺產管理人仇育萍

Applicant

黃娟

Respondent

Procedural Posture

Small Claims Tribunal Appeal (application for Permission to Appeal) / Application for Permission to Appeal to the Court of First Instance

  1. 1 Whether the deceased transferred RMB70,000 to the respondent on 19 November 2018
  2. 2 Whether the respondent owes the estate HK$75,000
  3. 3 Whether the Small Claims Tribunal made an error of law in its assessment of evidence sufficient to justify permission to appeal

Ratio Decidendi

The application for permission to appeal is refused because all alleged grounds challenge the Tribunal's factual findings; the Tribunal's conclusion that the applicant failed to prove the transfer was supported by the evidence and there was no demonstrated legal error (no lack of evidential basis, no consideration of irrelevant material, no failure to consider material evidence, nor an illogical or perverse inference) that would justify intervention by this Court.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed