秦頌德 對 健威營造有限公司

秦頌德 對 健威營造有限公司

The application for leave to appeal was dismissed because the claimant's asserted grounds were either outside the Small Claims Tribunal's jurisdiction (copyright claims; claims arising from the employment contract which fall within the Labour Tribunal's exclusive jurisdiction) or were factual credibility and...

Source-derived case information.

Citation
[2026] HKCFI 289
Parties
Applicant: Chun Chung Tak Hubert (秦頌德); Respondent: Kinway Construction Limited (健威營造有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2026
Case Number
HCSA24/2025
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal to Court of First Instance
Outcome
application for leave to appeal dismissed
Legal Topics
Exclusive Jurisdiction of Labour Tribunal, Standby/nominal Standby Compensation, Jurisdiction of Small Claims Tribunal, Burden of Proof, Adverse Weight for Refusal to Answer, Henderson V Henderson Doctrine
Source Language
ch
Employment Law Civil Procedure Tribunal Jurisdiction Copyright Law Tort Law Evidence Exclusive Jurisdiction of Labour Tribunal Standby/nominal Standby Compensation +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Chun Chung Tak Hubert (秦頌德)

Applicant

Kinway Construction Limited (健威營造有限公司)

Respondent

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal to Court of First Instance

  1. 1 Whether the Small Claims Tribunal had jurisdiction to hear claims alleging copyright ownership
  2. 2 Whether claims for compensation for 'standby' time arise from the employment contract and therefore fall within the exclusive jurisdiction of the Labour Tribunal
  3. 3 Whether claimant's claims in tort (reimbursement for use of personal computer and paid software) were reasonably arguable and within Small Claims jurisdiction

Ratio Decidendi

The application for leave to appeal was dismissed because the claimant's asserted grounds were either outside the Small Claims Tribunal's jurisdiction (copyright claims; claims arising from the employment contract which fall within the Labour Tribunal's exclusive jurisdiction) or were factual credibility and evidential issues properly decided by the adjudicator for which leave to appeal will not be granted; the claimant failed to show a question of law or a jurisdictional error sufficient to obtain leave.

Court Disposition

application for leave to appeal dismissed

Orders

  • application dismissed
  • no order as to costs