歐玉仙 對 美麗華旅遊有限公司

歐玉仙 對 美麗華旅遊有限公司

The applicant failed to identify any arguable error of law or jurisdictional defect. The tribunal’s adverse factual findings were open on the evidence (applicant could not identify the object she tripped on and there was no evidence of pushing or disorder) and the tribunal acted within its procedural discretion when...

Source-derived case information.

Citation
[2019] HKCFI 2482
Parties
Applicant/appellant: 歐玉仙; Defendant/respondent: 美麗華旅遊有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 2019
Case Number
HCSA51/2018
Procedural Posture
Small Claims Tribunal Appeal (application for Leave to Appeal to High Court) / Leave to Appeal Application Hearing
Outcome
application for leave to appeal dismissed
Legal Topics
Negligence, Appellate Review, Leave to Appeal, Admission of Fresh Evidence, Procedural Fairness
Source Language
ch
Tort Civil Procedure Evidence Jurisdiction Negligence Appellate Review Leave to Appeal Admission of Fresh Evidence +1 more

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Parties

歐玉仙

Applicant/appellant

美麗華旅遊有限公司

Defendant/respondent

Procedural Posture

Small Claims Tribunal Appeal (application for Leave to Appeal to High Court) / Leave to Appeal Application Hearing

Legal Issues

  1. 1 Whether the Small Claims Tribunal made an error of law permitting appellate intervention
  2. 2 Whether the tribunal improperly refused to admit or consider new evidence on review
  3. 3 Whether the tribunal failed to investigate or consider relevant evidence under statutory duty

Ratio Decidendi

The applicant failed to identify any arguable error of law or jurisdictional defect. The tribunal’s adverse factual findings were open on the evidence (applicant could not identify the object she tripped on and there was no evidence of pushing or disorder) and the tribunal acted within its procedural discretion when dealing with fresh evidence and documents; accordingly leave to appeal is refused.

Court Disposition

application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • No order as to costs