TSUI KOON WAH v. IP MEI HO t/a MICHELLE IP & CO, SOLICITORS

TSUI KOON WAH v. IP MEI HO t/a MICHELLE IP & CO, SOLICITORS

Leave to appeal was refused because there was no arguable error of law in the adjudicator's exercise of discretion on costs; the HK$100 award was properly characterized as nominal damages because liability was established but quantum was not proved; given claimant recovered only nominal damages the tribunal reasonably treated respondent as the real winner and lawfully made no order as to costs; the adjudicator acted within jurisdiction in dismissing the review for non-attendance.

Citation
[2021] HKCFI 3437
Parties
Claimant/applicant: Tsui Koon Wah; Defendant/respondent: Ip Mei Ho trading as Michelle Ip & Co, Solicitors
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2021
Case Number
HCSA10/2021
Procedural Posture
Small Claims Tribunal Appeal to Court of First Instance / Application for Leave to Appeal (paper Disposal)
Outcome
Application for leave to appeal dismissed
Legal Topics
Nominal Damages, Service of Process, Substituted Service, Review of Tribunal Decision, Exercise of Discretion on Costs, Leave to Appeal, Adverse Inference, Failure to Call Witness
Source Language
EN
Civil Bailment Tort Costs Procedure Appeal Small Claims Tribunal Nominal Damages +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Tsui Koon Wah

Claimant/applicant

Ip Mei Ho trading as Michelle Ip & Co, Solicitors

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 whether the adjudicator erred in making no order as to costs
  2. 2 whether the HK$100 award was nominal damages or an assessed sum
  3. 3 whether there was an arguable point of law to grant leave to appeal

Ratio Decidendi

Leave to appeal was refused because there was no arguable error of law in the adjudicator's exercise of discretion on costs; the HK$100 award was properly characterized as nominal damages because liability was established but quantum was not proved; given claimant recovered only nominal damages the tribunal reasonably treated respondent as the real winner and lawfully made no order as to costs; the adjudicator acted within jurisdiction in dismissing the review for non-attendance.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • There be no order as to costs