綽誠工程有限公司 對 郭晉諾經營晉發工程公司

綽誠工程有限公司 對 郭晉諾經營晉發工程公司

The application for leave to appeal is refused because the applicant failed to demonstrate any legal error in the tribunal's reasoning or decision; the grounds advanced amount to disagreement with factual findings and allegations of procedural defects that do not constitute error of law; the new evidence and assertions of confusion over representation were insufficient to show the tribunal's decision was vitiated and thus do not justify leave.

Citation
綽誠工程有限公司 對 郭晉諾經營晉發工程公司
Parties
Claimant (small Claims): 綽誠工程有限公司; Defendant / Applicant for Leave to Appeal: 郭晉諾經營晉發工程公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2017
Case Number
HCSA22/2017
Procedural Posture
Appeal From Small Claims Tribunal / Application for Permission/leave to Appeal to High Court
Outcome
Application for leave to appeal refused
Legal Topics
Breach of Contract, Delay in Performance, Refund of Deposit, Permission to Appeal, Evaluation of Factual Findings, Procedural Fairness and Representation
Source Language
CH
Contract Civil Procedure Construction Small Claims Tribunal Breach of Contract Delay in Performance Refund of Deposit Permission to Appeal +2 more

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Parties

綽誠工程有限公司

Claimant (small Claims)

郭晉諾經營晉發工程公司

Defendant / Applicant for Leave to Appeal

Procedural Posture

Appeal From Small Claims Tribunal / Application for Permission/leave to Appeal to High Court

Legal Issues

  1. 1 Whether the High Court should grant leave to appeal from the Small Claims Tribunal decision
  2. 2 Whether the tribunal made an error of law in its findings of fact
  3. 3 Whether any procedural unfairness arose from confusion over representation at the tribunal hearing

Ratio Decidendi

The application for leave to appeal is refused because the applicant failed to demonstrate any legal error in the tribunal's reasoning or decision; the grounds advanced amount to disagreement with factual findings and allegations of procedural defects that do not constitute error of law; the new evidence and assertions of confusion over representation were insufficient to show the tribunal's decision was vitiated and thus do not justify leave.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • No order as to costs