滿華樓業主立案法團 對 王陳靜及另一人

滿華樓業主立案法團 對 王陳靜及另一人

The court refused leave to appeal because the proposed grounds did not raise a legal issue of general public importance under s29A and there was no real prospect of success: the tribunal's conclusions were open to question given inconsistent records and the failure to call the relevant manager justified an adverse...

Source-derived case information.

Citation
[2025] HKCA 459
Parties
Applicant: 滿華樓業主立案法團; Respondent: Wong Chan Ching (王陳靜); Respondent: Fu Shuk Man (傅淑敏)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 May 2025
Case Number
CAMP141/2024
Procedural Posture
Appeal From Small Claims Tribunal / Application for Leave to Appeal Under S29 a of Small Claims Tribunal Ordinance (cap.338)
Outcome
application for leave to appeal refused
Legal Topics
Leave to Appeal, Standard of Review, Burden of Proof, Adverse Inference for Failure to Call Witness, Statutory Prima Facie Evidence
Source Language
ch
Civil Procedure Evidence Building and Property Management Appeals Leave to Appeal Standard of Review Burden of Proof Adverse Inference for Failure to Call Witness +1 more

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Parties

滿華樓業主立案法團

Applicant

Wong Chan Ching (王陳靜)

Respondent

Fu Shuk Man (傅淑敏)

Respondent

Procedural Posture

Appeal From Small Claims Tribunal / Application for Leave to Appeal Under S29 a of Small Claims Tribunal Ordinance (cap.338)

  1. 1 Whether the Small Claims Tribunal adjudicator misapplied legal principles in assessing contradictory evidence and burden of proof
  2. 2 Whether the High Court had power to overturn the tribunal's factual findings under s29(1)-(2) of the Small Claims Tribunal Ordinance
  3. 3 Whether a certificate under s22(4) of the Building Management Ordinance is conclusive or only prima facie evidence

Ratio Decidendi

The court refused leave to appeal because the proposed grounds did not raise a legal issue of general public importance under s29A and there was no real prospect of success: the tribunal's conclusions were open to question given inconsistent records and the failure to call the relevant manager justified an adverse inference; a s22(4) certificate is only prima facie and rebuttable; accordingly the High Court's intervention in the earlier appeal was not shown to be erroneous and the leave application fails.

Court Disposition

application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • Costs awarded to first respondent