REAL HONOUR LTD. v. GAMUSE CO. LTD.

REAL HONOUR LTD. v. GAMUSE CO. LTD.

The adjudicator's refusal to order inspection was within her discretion because the applicant failed to establish that the respondent had possession and control of the meter room and because a post-work inspection would likely be irrelevant to the condition at the time of the work; however the costs award must be reasonable under s24 and the excessive sum awarded below was substituted with $500.

Citation
REAL HONOUR LTD. v. GAMUSE CO. LTD.
Parties
Claimant (applicant): Real Honour Limited; Defendant (respondent): Gamuse Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2000
Case Number
HCSA29/1999
Procedural Posture
Appeal From Small Claims Tribunal / Judgment on Appeal
Outcome
Appeal dismissed in part and allowed in part: appeal against refusal of inspection dismissed; appeal against costs allowed and costs reduced; no order as to costs of the appeal.
Legal Topics
Inspection Order, Possession and Control of Premises, Hearsay Evidence, Relevancy, Tribunal Jurisdiction, Costs Assessment
Source Language
EN
Contract Landlord and Tenant Civil Procedure Evidence Costs Inspection Order Possession and Control of Premises Hearsay Evidence +3 more

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Parties

Real Honour Limited

Claimant (applicant)

Gamuse Company Limited

Defendant (respondent)

Procedural Posture

Appeal From Small Claims Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Small Claims Tribunal had power to order inspection of the meter room
  2. 2 Who had possession and control of the meter room and against whom an order could be made
  3. 3 Relevance of a post-work inspection to the condition at the time of the work

Ratio Decidendi

The adjudicator's refusal to order inspection was within her discretion because the applicant failed to establish that the respondent had possession and control of the meter room and because a post-work inspection would likely be irrelevant to the condition at the time of the work; however the costs award must be reasonable under s24 and the excessive sum awarded below was substituted with $500.

Court Disposition

Appeal dismissed in part and allowed in part: appeal against refusal of inspection dismissed; appeal against costs allowed and costs reduced; no order as to costs of the appeal.

Orders

  • The appeal against the adjudicator's refusal to order inspection of the meter room is dismissed.
  • The costs order of $3,830 awarded to the defendant is set aside and substituted with an order that the claimant pay $500 to the defendant in any event.