香港陸號服務有限公司 對 MOK YIN YIN

香港陸號服務有限公司 對 MOK YIN YIN

The application for leave was refused because the Tribunal's factual findings—credibility of the claimant's witness, acceptance that materials costing HK$31,500 and inspection work of HK$1,800 were incurred, and that the defendant intended to sign—are dispositive facts not open to being overturned on this leave...

Source-derived case information.

Citation
[2019] HKCFI 2981
Parties
Claimant: 香港陸號服務有限公司; Defendant: MOK YIN YIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2019
Case Number
HCSA39/2019
Procedural Posture
Small Claims Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Enforceability of Contract, Penalty Clause, Jurisdiction to Hear Appeal, Credibility and Factual Findings, Remedies for Breach
Source Language
ch
Contract Law Civil Procedure Commercial Law Small Claims Tribunal Jurisdiction Enforceability of Contract Penalty Clause Jurisdiction to Hear Appeal Credibility and Factual Findings +1 more

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Parties

香港陸號服務有限公司

Claimant

MOK YIN YIN

Defendant

Procedural Posture

Small Claims Appeal / Application for Leave to Appeal

  1. 1 Whether the service contract was valid and enforceable
  2. 2 Whether the service address error rendered the contract void
  3. 3 Whether clause 15 was an unenforceable penalty clause

Ratio Decidendi

The application for leave was refused because the Tribunal's factual findings—credibility of the claimant's witness, acceptance that materials costing HK$31,500 and inspection work of HK$1,800 were incurred, and that the defendant intended to sign—are dispositive facts not open to being overturned on this leave application under the Ordinance; there is no arguable question of law or jurisdiction sufficient to grant leave and the result would be unchanged even if clause 15 were characterized as a penalty.

Court Disposition

leave to appeal refused

Orders

  • application for leave to appeal refused
  • no order as to costs