王海珍及另一人 對 方健民及另一人

王海珍及另一人 對 方健民及另一人

Leave to appeal was refused because the applicant failed to demonstrate any legal error or excess of jurisdiction by the tribunal; the applicant's complaints were challenges to factual findings (including alleged forged documents) which do not constitute a pure question of law and therefore do not satisfy s28(1) Cap.338.

Citation
[2022] HKCFI 1796
Parties
第一申索人（答辯人）: 王海珍; 第二申索人（答辯人）: 蕢國良; 第一被告人（申請人）: 方健民; 第三被告人: 周麗意
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2022
Case Number
HCSA6/2022
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused.
Legal Topics
Negligence, Damages, Causation, Standard of Proof (balance of Probabilities), Leave to Appeal, Small Claims Tribunal Jurisdiction
Source Language
CH
Civil Procedure Tort Property Damage Appellate Review Negligence Damages Causation Standard of Proof (balance of Probabilities) +2 more

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Parties

王海珍

第一申索人（答辯人）

蕢國良

第二申索人（答辯人）

方健民

第一被告人（申請人）

周麗意

第三被告人

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether the 17 May 2020 leak in Flat 701 was caused by the toilet cistern in Flat 801
  2. 2 Whether the 23 December 2020 power outage in Flat 701 was caused by leakage from Flat 801
  3. 3 Whether the defendants are civilly liable for the alleged damage

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any legal error or excess of jurisdiction by the tribunal; the applicant's complaints were challenges to factual findings (including alleged forged documents) which do not constitute a pure question of law and therefore do not satisfy s28(1) Cap.338.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal refused.
  • No order as to costs.