蘇煥榮及另一人 對 黃俊偉及另二人

蘇煥榮及另一人 對 黃俊偉及另二人

Leave to appeal refused because the appellants failed to demonstrate an arguable question of law: the tribunal's factual findings were open on the evidence, there was no basis to infer the police lacked independent judgment or that defendants alone knew the incriminating facts, and no evidence of actual or apparent bias by the adjudicator.

Citation
[2024] HKCFI 2068
Parties
First Claimant: 蘇煥榮; Second Claimant: 梁愛蘭; First Defendant: 黃俊偉; Second Defendant: 威格斯物業管理及警衛服務 (香港) 有限公司; Third Defendant: 廣華街仁安大廈業主立案法團
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2024
Case Number
HCSA45/2024
Procedural Posture
Small Claims Tribunal Appeal (leave to Appeal) / Application for Leave to Appeal to Court of First Instance
Outcome
Leave to appeal refused
Legal Topics
Malicious Prosecution, Leave to Appeal, Jurisdiction, Apparent Bias, Evidence Evaluation
Source Language
CH
Tort Civil Procedure Criminal Law Interface Administrative Law Malicious Prosecution Leave to Appeal Jurisdiction Apparent Bias +1 more

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Parties

蘇煥榮

First Claimant

梁愛蘭

Second Claimant

黃俊偉

First Defendant

威格斯物業管理及警衛服務 (香港) 有限公司

Second Defendant

廣華街仁安大廈業主立案法團

Third Defendant

Procedural Posture

Small Claims Tribunal Appeal (leave to Appeal) / Application for Leave to Appeal to Court of First Instance

Legal Issues

  1. 1 Whether the appellants raised an arguable question of law to justify leave under Small Claims Tribunal Ordinance s28(1)
  2. 2 Whether the facts support a cause of action in malicious prosecution against the defendants
  3. 3 Whether the tribunal adjudicator was disqualified for actual or apparent bias

Ratio Decidendi

Leave to appeal refused because the appellants failed to demonstrate an arguable question of law: the tribunal's factual findings were open on the evidence, there was no basis to infer the police lacked independent judgment or that defendants alone knew the incriminating facts, and no evidence of actual or apparent bias by the adjudicator.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused
  • No order as to costs