CHAN PAK WING及另一人 對 CHU HSIAO LAN

CHAN PAK WING及另一人 對 CHU HSIAO LAN

The application for leave lacked any reasonable prospect of success because the defendant's points were matters properly raised in a defence and did not undermine the District Court's jurisdiction under the Small Claims Tribunal Ordinance (s5) to entertain claims seeking relief beyond the SCT; consequently there was...

Source-derived case information.

Citation
[2021] HKCA 760
Parties
Plaintiff: chan pak wing; Plaintiff: CHAN LAI KUEN; Defendant: CHU HSIAO LAN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 May 2021
Case Number
CAMP219/2020
Procedural Posture
Application for Leave to Appeal to Court of Appeal / Leave Application Heard on Papers and Dismissed
Outcome
application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Jurisdictional Limits Between SCT and District Court, Unless Order, Injunctive Relief, Costs Assessment
Source Language
ch
Civil Procedure Jurisdiction Small Claims Tribunal Interim Relief Costs Leave to Appeal Jurisdictional Limits Between SCT and District Court Unless Order +2 more

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Parties

chan pak wing

Plaintiff

CHAN LAI KUEN

Plaintiff

CHU HSIAO LAN

Defendant

Procedural Posture

Application for Leave to Appeal to Court of Appeal / Leave Application Heard on Papers and Dismissed

Legal Issues

  1. 1 Whether the proposed appeal has a real prospect of success
  2. 2 Whether the District Court proceedings contravened the Small Claims Tribunal Ordinance or the District Court Ordinance jurisdictional rules
  3. 3 Whether matters raised by the defendant in affidavit justify non‑compliance with the unless order

Ratio Decidendi

The application for leave lacked any reasonable prospect of success because the defendant's points were matters properly raised in a defence and did not undermine the District Court's jurisdiction under the Small Claims Tribunal Ordinance (s5) to entertain claims seeking relief beyond the SCT; consequently there was no basis to grant leave or order an oral hearing.

Court Disposition

application for leave to appeal dismissed

Orders

  • leave to appeal refused
  • pursuant to High Court Rules Order 59 r2A(8) no party may seek reconsideration of this decision by an oral hearing under r2A(7)