林帶偉 對 WONG KIT BIU

林帶偉 對 WONG KIT BIU

The application for leave to appeal was refused because the proposed ground of appeal attacked factual findings on quantum rather than raising a question of law or jurisdictional excess; the applicant failed to show any legal error in the tribunal's application of the law.

Citation
[2022] HKCFI 2812
Parties
Claimant: 林帶偉; First Defendant (applicant): Wong Kit Biu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2022
Case Number
HCSA20/2022
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused; no order as to costs.
Legal Topics
Damages, Jurisdiction, Leave to Appeal, Burden of Proof, Appellate Review Limits
Source Language
CH
Tort Civil Procedure Road Traffic Small Claims Jurisdiction Damages Jurisdiction Leave to Appeal Burden of Proof +1 more

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Parties

林帶偉

Claimant

Wong Kit Biu

First Defendant (applicant)

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the proposed appeal raises only questions of law under Cap.338 s28(1)
  2. 2 Whether the Small Claims Tribunal's award of repair costs involved an error of law
  3. 3 Whether the tribunal exceeded its jurisdiction

Ratio Decidendi

The application for leave to appeal was refused because the proposed ground of appeal attacked factual findings on quantum rather than raising a question of law or jurisdictional excess; the applicant failed to show any legal error in the tribunal's application of the law.

Court Disposition

Leave to appeal refused; no order as to costs.

Orders

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