BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE AND ANOTHER

BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE AND ANOTHER

The tribunal was correct to treat the relationship as bailment and to require the applicant to prove quantity and value of lost items; credibility findings justified rejection of the applicant's broader claim; no question of law arose except that the tribunal failed to address valuation of the pair of jeans, so leave is granted only on that narrow issue.

Citation
BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE AND ANOTHER
Parties
Claimant: Brian Alfred Hall; 1st Defendant: Secretary for Justice; 2nd Defendant: Lau Chun Kwok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2007
Case Number
HCSA26/2007
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal Under S.28(1)(a) Cap.338
Outcome
Application for leave to appeal refused except that leave is granted limited to the issue that the tribunal failed to consider the value of the pair of jeans (para (7)(1) of Form 9).
Legal Topics
Loss of Property, Bailment Duty, Res Ipsa Loquitur, Burden of Proof, Valuation of Damages, Costs, Leave to Appeal
Source Language
EN
Civil Procedure Tort Bailment Evidence Loss of Property Bailment Duty Res Ipsa Loquitur Burden of Proof +3 more

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Parties

Brian Alfred Hall

Claimant

Secretary for Justice

1st Defendant

Lau Chun Kwok

2nd Defendant

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal Under S.28(1)(a) Cap.338

Legal Issues

  1. 1 Whether the tribunal erred in applying the burden and standard of proof and in assessing quantity and value of lost items
  2. 2 Whether res ipsa loquitur shifted burden to defendants
  3. 3 Whether the claim was mischaracterised (trespass/negligence vs bailment)

Ratio Decidendi

The tribunal was correct to treat the relationship as bailment and to require the applicant to prove quantity and value of lost items; credibility findings justified rejection of the applicant's broader claim; no question of law arose except that the tribunal failed to address valuation of the pair of jeans, so leave is granted only on that narrow issue.

Court Disposition

Application for leave to appeal refused except that leave is granted limited to the issue that the tribunal failed to consider the value of the pair of jeans (para (7)(1) of Form 9).

Orders

  • Application for leave to appeal refused in all respects except leave granted on the limited issue of the valuation of the pair of jeans.
  • No other relief granted.