A & T PREMIUM AND ORGANIC FOODS LTD v. WONG WAI FONG

A & T PREMIUM AND ORGANIC FOODS LTD v. WONG WAI FONG

The High Court held the Tribunal made factual findings based on evidence and documents, there was no demonstrated error of law or procedural unfairness, and therefore the appellant failed to show any ground to grant leave to appeal; the application for leave was dismissed.

Citation
A & T PREMIUM AND ORGANIC FOODS LTD v. WONG WAI FONG
Parties
Claimant: A & T Premium and Organic Foods Limited; Defendant/appellant: Wong Wai Fong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 2017
Case Number
HCSA41/2017
Procedural Posture
Small Claims Tribunal Appeal (leave Application Under Cap.338 S28(1)) / Application for Leave to Appeal (high Court)
Outcome
Application for leave to appeal dismissed
Legal Topics
Breach of Contract, Wrongful Detention/possession of Goods, Damages, Leave to Appeal, Evidence and Findings of Fact, Procedural Fairness
Source Language
CH
Contract Law Tort Civil Procedure Property Breach of Contract Wrongful Detention/possession of Goods Damages Leave to Appeal +2 more

Case Brief

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Parties

A & T Premium and Organic Foods Limited

Claimant

Wong Wai Fong

Defendant/appellant

Procedural Posture

Small Claims Tribunal Appeal (leave Application Under Cap.338 S28(1)) / Application for Leave to Appeal (high Court)

Legal Issues

  1. 1 Whether the Small Claims Tribunal made an error of law warranting leave to appeal
  2. 2 Whether an oral contract was concluded between the parties and who were the contracting parties
  3. 3 Whether the defendant repudiated the contract and whether the claimant accepted repudiation

Ratio Decidendi

The High Court held the Tribunal made factual findings based on evidence and documents, there was no demonstrated error of law or procedural unfairness, and therefore the appellant failed to show any ground to grant leave to appeal; the application for leave was dismissed.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed in HCSA 40/2017 and HCSA 41/2017
  • No order as to costs