李文永 對 博愛醫院

李文永 對 博愛醫院

Section 28(3) of the Small Claims Tribunals Ordinance renders the Court of First Instance's refusal to grant leave final, so the appellant had no legal right to pursue the filed originating process; accordingly the originating process dated 17 November 2025 was struck out.

Source-derived case information.

Citation
[2026] HKCA 332
Parties
Appellant: LI WENYONG; Respondent: POK OI HOSPITAL
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 March 2026
Case Number
CAMP219/2025
Procedural Posture
Appeal From Refusal of Permission to Appeal From Small Claims Tribunal / Permission to Appeal Struck Out
Outcome
Originating process filed 17 November 2025 struck out; no order as to costs.
Legal Topics
Leave to Appeal, Finality of Decision Under Statute, Small Claims Tribunal Jurisdiction
Source Language
ch
Civil Procedure Appeals Statutory Interpretation Leave to Appeal Finality of Decision Under Statute Small Claims Tribunal Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

LI WENYONG

Appellant

POK OI HOSPITAL

Respondent

Procedural Posture

Appeal From Refusal of Permission to Appeal From Small Claims Tribunal / Permission to Appeal Struck Out

Legal Issues

  1. 1 Whether section 28(3) of the Small Claims Tribunals Ordinance (Cap.338) bars further appeal after the Court of First Instance refuses permission to appeal
  2. 2 Whether the appellant's originating process filed on 17 November 2025 could be maintained despite that statutory bar

Ratio Decidendi

Section 28(3) of the Small Claims Tribunals Ordinance renders the Court of First Instance's refusal to grant leave final, so the appellant had no legal right to pursue the filed originating process; accordingly the originating process dated 17 November 2025 was struck out.

Court Disposition

Originating process filed 17 November 2025 struck out; no order as to costs.

Orders

  • Originating process filed 17 November 2025 struck out.
  • No order as to costs.