譚顯君及另一人 對 林錦榮經營持守工程公司

譚顯君及另一人 對 林錦榮經營持守工程公司

Applicants' grounds were largely repetitive of arguments already rejected by the trial judge and failed to identify any specific legal or factual errors of sufficient prospect of success; the trial judge's factual assessments and reasons were reasonable and not manifestly wrong; consequently leave to appeal was...

Source-derived case information.

Citation
[2023] HKCA 113
Parties
Plaintiff: 譚顯君; Plaintiff: 莫易霖; Defendant: 林錦榮經營持守工程公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 February 2023
Case Number
CAMP393/2022
Procedural Posture
Application for Leave to Appeal (civil) / Leave Application (determination on Papers)
Outcome
application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Assessment of Damages, Factual Findings and Credibility, Procedural Rules on Leave, Costs Orders
Source Language
ch
Civil Law Contract Construction Law Appeal Procedure Damages Assessment Leave to Appeal Assessment of Damages Factual Findings and Credibility +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

譚顯君

Plaintiff

莫易霖

Plaintiff

林錦榮經營持守工程公司

Defendant

Procedural Posture

Application for Leave to Appeal (civil) / Leave Application (determination on Papers)

  1. 1 Whether the applicants demonstrated a reasonable prospect of success under Cap 336 s63A(2) or other reasons warranting a hearing
  2. 2 Whether the lower court judge erred in the assessment of damages or omitted material findings
  3. 3 Whether factual findings were manifestly wrong such that the Court of Appeal should overturn them

Ratio Decidendi

Applicants' grounds were largely repetitive of arguments already rejected by the trial judge and failed to identify any specific legal or factual errors of sufficient prospect of success; the trial judge's factual assessments and reasons were reasonable and not manifestly wrong; consequently leave to appeal was refused and costs ordered.

Court Disposition

application for leave to appeal dismissed

Orders

  • leave to appeal dismissed and the summons filed on 28 September 2022 is struck out
  • provisional costs order: applicants to pay respondent HKD 1,000 (provisional)