張光合 對 劉新祥

張光合 對 劉新祥

The tribunal disbelieved the applicant's evidence and found he failed to discharge the burden of proof; the decision was a factual finding without error of law or excess of jurisdiction under s32(1), therefore permission to appeal was refused.

Source-derived case information.

Citation
張光合 對 劉新祥
Parties
Applicant: 張光合 (CHEUNG KWONG HOP); Respondent: 劉新祥 (LAU SAN CHEUNG)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2016
Case Number
HCLA8/2016
Procedural Posture
Labour Tribunal Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Wage Claim, Credibility Findings, Burden of Proof, Leave to Appeal
Source Language
ch
Employment Law Civil Procedure Evidence Wage Claim Credibility Findings Burden of Proof Leave to Appeal

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Parties

張光合 (CHEUNG KWONG HOP)

Applicant

劉新祥 (LAU SAN CHEUNG)

Respondent

Procedural Posture

Labour Tribunal Appeal / Application for Permission to Appeal

  1. 1 Whether the respondent owed the applicant HK$46,000 in unpaid wages
  2. 2 Whether the Labour Tribunal's factual findings contained an error of law or exceeded jurisdiction under s32(1) to justify leave to appeal

Ratio Decidendi

The tribunal disbelieved the applicant's evidence and found he failed to discharge the burden of proof; the decision was a factual finding without error of law or excess of jurisdiction under s32(1), therefore permission to appeal was refused.

Court Disposition

application for permission to appeal refused

Orders

  • Permission to appeal refused