胡日強 對 樂家廚設計工程有限公司

胡日強 對 樂家廚設計工程有限公司

The application for leave was refused because the appellant's complaints amounted to challenges to the tribunal's factual findings and credibility assessments rather than questions of law; under Cap.338 ss28 and 29(2)(b) such factual challenges do not qualify for leave and the court will not disturb the tribunal's factual determinations.

Citation
胡日強 對 樂家廚設計工程有限公司
Parties
Applicant (appellant): 胡日強; Respondent (defendant): 樂家廚設計工程有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 2013
Case Number
HCSA10/2013
Procedural Posture
Appeal From Small Claims Tribunal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Merchantable Quality, Sale of Goods, Credibility and Factual Findings, Leave to Appeal, Expert Evidence
Source Language
CH
Contract Consumer Protection Civil Procedure Evidence Merchantable Quality Sale of Goods Credibility and Factual Findings Leave to Appeal +1 more

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Parties

胡日強

Applicant (appellant)

樂家廚設計工程有限公司

Respondent (defendant)

Procedural Posture

Appeal From Small Claims Tribunal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application raises questions of law as required by s28 Small Claims Tribunal Ordinance (Cap.338)
  2. 2 Whether the Court of First Instance may overturn findings of fact or admit new evidence contrary to s29(2)(b) Cap.338
  3. 3 Whether goods sold were of merchantable quality under s2(5) Sale of Goods Ordinance (Cap.26)

Ratio Decidendi

The application for leave was refused because the appellant's complaints amounted to challenges to the tribunal's factual findings and credibility assessments rather than questions of law; under Cap.338 ss28 and 29(2)(b) such factual challenges do not qualify for leave and the court will not disturb the tribunal's factual determinations.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused