LAM POON SHING 對 歐陽浩榮暫委法官

LAM POON SHING 對 歐陽浩榮暫委法官

The appeal is dismissed because the High Court’s refusal to grant leave to appeal from the Small Claims Tribunal appeal is final under s28(3) of the Small Claims Tribunal Ordinance and therefore not amenable to judicial review; the proposed judicial review would operate as an impermissible quasi-appeal, has no real...

Source-derived case information.

Citation
[2023] HKCA 82
Parties
Applicant: LAM POON SHING; Respondent: 歐陽浩榮暫委法官; Interested Party: SAVILLS PROPERTY MANAGEMENT LTD; Interested Party: LIM, CHEE KEONG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 January 2023
Case Number
CACV338/2022
Procedural Posture
Judicial Review Leave Application Against Refusal of Permission to Appeal From Small Claims Tribunal Appeal Decision / Appeal to Court of Appeal (determined on Written Submissions)
Outcome
appeal dismissed
Legal Topics
Leave to Apply for Judicial Review, Jurisdiction, Finality of Tribunal Decisions, Abuse of Process, Quasi Appeal
Source Language
ch
Administrative Law Civil Procedure Tribunal Appeals Judicial Review Leave to Apply for Judicial Review Jurisdiction Finality of Tribunal Decisions Abuse of Process +1 more

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Parties

LAM POON SHING

Applicant

歐陽浩榮暫委法官

Respondent

SAVILLS PROPERTY MANAGEMENT LTD

Interested Party

LIM, CHEE KEONG

Interested Party

Procedural Posture

Judicial Review Leave Application Against Refusal of Permission to Appeal From Small Claims Tribunal Appeal Decision / Appeal to Court of Appeal (determined on Written Submissions)

Legal Issues

  1. 1 Whether a decision refusing permission to appeal from a Small Claims Tribunal appeal is amenable to judicial review
  2. 2 Whether judicial review can be used as a quasi-appeal to re-litigate findings of fact decided in the Small Claims Tribunal appeal or High Court leave process
  3. 3 Whether the applicant’s proceedings constitute an abuse of process by seeking to relitigate final decisions

Ratio Decidendi

The appeal is dismissed because the High Court’s refusal to grant leave to appeal from the Small Claims Tribunal appeal is final under s28(3) of the Small Claims Tribunal Ordinance and therefore not amenable to judicial review; the proposed judicial review would operate as an impermissible quasi-appeal, has no real prospect of success, and amounts to an abuse of process.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs