IP WAH v. CHEUNG CHUN CHIU

IP WAH v. CHEUNG CHUN CHIU

Order 55 rule 7(7) is applicable to appeals from the Labour Tribunal and is not inconsistent with section 35 of the Labour Tribunal Ordinance because it guides the exercise of the Court of First Instance's discretion under s.35(1) without empowering it to reverse factual determinations; Chung J correctly applied the...

Source-derived case information.

Citation
IP WAH v. CHEUNG CHUN CHIU
Parties
Claimant: Claimant; Defendant: Applicant (defendant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2007
Case Number
HCMP251/2007
Procedural Posture
Appeal From Labour Tribunal to Court of First Instance; Application for Leave to Appeal to Court of Appeal / Renewed Application for Leave to Appeal to the Court of Appeal After Dismissal of Appeal by the Court of First Instance
Outcome
Application for leave to appeal to the Court of Appeal dismissed
Legal Topics
Appealability, Admissibility of Evidence, Without Prejudice Communications, Standard of Appellate Review, Remittal to Tribunal, Credibility Findings
Source Language
en
Labour Law Civil Procedure Evidence Appealability Admissibility of Evidence Without Prejudice Communications Standard of Appellate Review Remittal to Tribunal +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Claimant

Claimant

Applicant (defendant)

Defendant

Procedural Posture

Appeal From Labour Tribunal to Court of First Instance; Application for Leave to Appeal to Court of Appeal / Renewed Application for Leave to Appeal to the Court of Appeal After Dismissal of Appeal by the Court of First Instance

Legal Issues

  1. 1 Whether Order 55 rule 7(7) RHC applies to appeals from the Labour Tribunal
  2. 2 Whether the Court of First Instance may remit or must remit to the Labour Tribunal where there has been misdirection on admissibility of evidence
  3. 3 Whether Chung J properly applied Order 55 rule 7(7) in concluding no substantial wrong or miscarriage arose from admission of tape-recorded conversation

Ratio Decidendi

Order 55 rule 7(7) is applicable to appeals from the Labour Tribunal and is not inconsistent with section 35 of the Labour Tribunal Ordinance because it guides the exercise of the Court of First Instance's discretion under s.35(1) without empowering it to reverse factual determinations; Chung J correctly applied the rule and was entitled to dismiss the appeal without remitting because the Presiding Officer's factual finding was supported by contemporaneous documentary evidence, so no substantial wrong or miscarriage arose from admission of the tape-recorded conversation.

Court Disposition

Application for leave to appeal to the Court of Appeal dismissed

Orders

  • Leave to appeal to the Court of Appeal refused