FULL HARVEST PROPERTIES CO LTD v. CHEUNG SAU KUEN

FULL HARVEST PROPERTIES CO LTD v. CHEUNG SAU KUEN

Leave to appeal was refused because the purported fresh evidence could have been produced at trial and was inadmissible on appeal, there was no arguable point of law arising from the Adjudicator's reasons (including credibility findings), and the Tribunal's discretionary award of costs did not disclose an error of law justifying interference.

Citation
FULL HARVEST PROPERTIES CO LTD v. CHEUNG SAU KUEN
Parties
Claimant (respondent): Full Harvest Properties Co Ltd; Defendant (appellant): Cheung Sau Kuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2013
Case Number
HCSA56/2012
Procedural Posture
Small Claims Tribunal Appeal (application for Leave) / Leave to Appeal Application Against Costs Award
Outcome
Application for leave to appeal dismissed
Legal Topics
Costs, Leave to Appeal, Fresh Evidence on Appeal, Discretionary Costs, Estate Agents Ordinance S45, Small Claims Tribunal Ordinance S28
Source Language
ET
Civil Procedural Law Costs Law Estate Agents Law Tribunal Practice Costs Leave to Appeal Fresh Evidence on Appeal +3 more

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Parties

Full Harvest Properties Co Ltd

Claimant (respondent)

Cheung Sau Kuen

Defendant (appellant)

Procedural Posture

Small Claims Tribunal Appeal (application for Leave) / Leave to Appeal Application Against Costs Award

Legal Issues

  1. 1 Whether leave to appeal should be granted against a costs award of the Small Claims Tribunal
  2. 2 Whether fresh evidence (lost income proofs) should be admitted on an application for leave to appeal
  3. 3 Whether the Adjudicator provided adequate reasons for rejecting parts of the costs claim

Ratio Decidendi

Leave to appeal was refused because the purported fresh evidence could have been produced at trial and was inadmissible on appeal, there was no arguable point of law arising from the Adjudicator's reasons (including credibility findings), and the Tribunal's discretionary award of costs did not disclose an error of law justifying interference.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal against the Small Claims Tribunal costs award dismissed