CHEMATCO (HONG KONG) LTD 對 CHEUNG, MING WA t/a MAN WA ENGINEERING

CHEMATCO (HONG KONG) LTD 對 CHEUNG, MING WA t/a MAN WA ENGINEERING

Under s28(1) Cap.338 leave to appeal is confined to legal errors or jurisdictional excess; the appellant failed to demonstrate any legal error by the adjudicator and provided no reasonable excuse for his non-attendance or failure to notify the tribunal; accordingly leave to appeal is refused.

Source-derived case information.

Citation
[2021] HKCFI 116
Parties
Respondent: CHEMATCO (HONG KONG) LIMITED; Appellant: CHEUNG, MING WA t/a MAN WA ENGINEERING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2021
Case Number
HCSA36/2020
Procedural Posture
Small Claims Appeal (high Court Leave Application) / Application for Leave to Appeal Under S28(1) of Cap.338
Outcome
Application for leave to appeal refused. No order as to costs.
Legal Topics
Leave to Appeal, Default Judgment, Adjournment/absence, Jurisdiction
Source Language
ch
Civil Procedure Small Claims Tribunal Leave to Appeal Default Judgment Adjournment/absence Jurisdiction

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Parties

CHEMATCO (HONG KONG) LIMITED

Respondent

CHEUNG, MING WA t/a MAN WA ENGINEERING

Appellant

Procedural Posture

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

  1. 1 Whether leave to appeal should be granted under s28(1) of the Small Claims Tribunal Ordinance (Cap.338)
  2. 2 Whether the adjudicator committed an error of law in entering a default judgment on 12 November 2020
  3. 3 Whether the appellant provided a reasonable excuse for absence and failure to notify the tribunal

Ratio Decidendi

Under s28(1) Cap.338 leave to appeal is confined to legal errors or jurisdictional excess; the appellant failed to demonstrate any legal error by the adjudicator and provided no reasonable excuse for his non-attendance or failure to notify the tribunal; accordingly leave to appeal is refused.

Court Disposition

Application for leave to appeal refused. No order as to costs.

Orders

  • Leave to appeal refused.
  • No order as to costs.