HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

The application for leave to appeal was dismissed because the applicant failed to demonstrate any error of law or fact of sufficient general or public importance to justify hearing by the Court of Final Appeal; the contested findings were concurrent findings of fact affirmed by two levels of court and did not...

Source-derived case information.

Citation
[2025] HKCA 120
Parties
Applicant: HUNG SHING KEUNG; Respondent: LEUNG YUN SANG trading as 興旺搬屋公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 February 2025
Case Number
CACV247/2023
Procedural Posture
Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave to Appeal to the Court of Final Appeal Decided by the Court of Appeal on Written Submissions
Outcome
Application for leave to appeal to the Court of Final Appeal dismissed
Legal Topics
Leave to Appeal, Concurrent Findings of Fact, Assessment of Wages and Working Days, Costs and Taxation, Credibility of Witnesses, Intentional Self‑harm/serious Misconduct
Source Language
ch
Civil Procedure Employment and Labour Law Workers' Compensation Appeal Evidence Leave to Appeal Concurrent Findings of Fact Assessment of Wages and Working Days +3 more

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Parties

HUNG SHING KEUNG

Applicant

LEUNG YUN SANG trading as 興旺搬屋公司

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave to Appeal to the Court of Final Appeal Decided by the Court of Appeal on Written Submissions

Legal Issues

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s22(1)(b) of the Court of Final Appeal Ordinance (Cap 484)
  2. 2 Whether appellate intervention is warranted in concurrent findings of fact on credibility and factual matters
  3. 3 Whether the trial judge's findings that the claimant's conduct amounted to intentional self‑harm or serious and deliberate misconduct were plainly wrong

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to demonstrate any error of law or fact of sufficient general or public importance to justify hearing by the Court of Final Appeal; the contested findings were concurrent findings of fact affirmed by two levels of court and did not present the rare circumstances required for appellate intervention; accordingly leave was refused and costs were awarded against the applicant of the leave application (the respondent in the underlying appeal) assessed on summary basis.

Court Disposition

Application for leave to appeal to the Court of Final Appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Respondent (LEUNG YUN SANG) ordered to pay applicant (HUNG SHING KEUNG) costs of the leave application assessed at HK$50,000 by summary procedure