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

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

The applicant failed to show any error of law or excess of jurisdiction in the Small Claims Tribunal's factual findings; the tribunal considered the evidence and reached permissible factual conclusions, therefore leave to appeal under Cap.338 s28(1) is refused.

Citation
A & T PREMIUM AND ORGANIC FOODS LTD v. WONG WAI FONG
Parties
Claimant (respondent): 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
HCSA40/2017
Procedural Posture
Appeal From Small Claims Tribunal / Application for Leave to Appeal (refused)
Outcome
application for leave to appeal refused in both HCSA 40/2017 and HCSA 41/2017
Legal Topics
Breach of Contract, Wrongful Detention/ Conversion of Goods, Damages, Leave to Appeal Under S28(1) Small Claims Tribunal Ordinance, Procedural Fairness
Source Language
CH
Contract Law Tort Civil Procedure Small Claims Tribunal Procedure Breach of Contract Wrongful Detention/ Conversion of Goods Damages Leave to Appeal Under S28(1) Small Claims Tribunal Ordinance +1 more

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Parties

A & T Premium and Organic Foods Limited

Claimant (respondent)

Wong Wai Fong

Defendant (appellant)

Procedural Posture

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

Legal Issues

  1. 1 Whether a binding oral contract existed for construction and lease of a warehouse
  2. 2 Whether the defendant wrongfully detained or converted the claimant's goods
  3. 3 Whether the Small Claims Tribunal made an error of law or exceeded jurisdiction warranting leave to appeal under Cap.338 s28(1)

Ratio Decidendi

The applicant failed to show any error of law or excess of jurisdiction in the Small Claims Tribunal's factual findings; the tribunal considered the evidence and reached permissible factual conclusions, therefore leave to appeal under Cap.338 s28(1) is refused.

Court Disposition

application for leave to appeal refused in both HCSA 40/2017 and HCSA 41/2017

Orders

  • Leave to appeal refused for HCSA 40/2017 and HCSA 41/2017
  • No order as to costs