YEUNG KA WAI及另一人 對 INTERNATIONAL TRADEMART CO LTD

YEUNG KA WAI及另一人 對 INTERNATIONAL TRADEMART CO LTD

Leave to appeal was refused because the dispute was a contract matter between the corporate claimant and the defendant, the applicant was not a party to the contracts despite having paid on behalf of the corporate claimant, and the adjudicator's acceptance of the defendant's evidence and rejection of the applicant's...

Source-derived case information.

Citation
[2020] HKCFI 1788
Parties
First Claimant: YEUNG KA WAI; Second Claimant: HOUSING AND REGENERATION APPRAISAL ENGLAND LIMITED; Defendant: INTERNATIONAL TRADEMART COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2020
Case Number
HCSA40/2019
Procedural Posture
Appeal From Small Claims Tribunal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Leave to Appeal, Standing, Contract Formation, Credibility of Evidence
Source Language
ch
Contract Civil Procedure Small Claims Leave to Appeal Standing Contract Formation Credibility of Evidence

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Parties

YEUNG KA WAI

First Claimant

HOUSING AND REGENERATION APPRAISAL ENGLAND LIMITED

Second Claimant

INTERNATIONAL TRADEMART COMPANY LIMITED

Defendant

Procedural Posture

Appeal From Small Claims Tribunal / Application for Leave to Appeal

  1. 1 whether the applicant raised an arguable question of law
  2. 2 whether the applicant was a party to the contract and thus had standing to pursue the claim
  3. 3 whether the adjudicator made any legal error in accepting the defendant's evidence and rejecting the applicant's evidence

Ratio Decidendi

Leave to appeal was refused because the dispute was a contract matter between the corporate claimant and the defendant, the applicant was not a party to the contracts despite having paid on behalf of the corporate claimant, and the adjudicator's acceptance of the defendant's evidence and rejection of the applicant's evidence involved no legal error warranting appellate intervention.

Court Disposition

leave to appeal refused

Orders

  • Application dismissed
  • No order as to costs