曾韻如 對 柯金牌

曾韻如 對 柯金牌

The Tribunal erred by not considering awarding pre-judgment interest under s33 when the claimant declined transfer; the claimant was entitled to statutory pre-judgment interest only on the recoverable portion and only from the date limitation was revived by the defendant's last written acknowledgement (3 December 2018) to the date of the Tribunal hearing, calculated at the Regional Court rate (8%), yielding HK$1,111.23; the Tribunal should transfer cases that exceed its monetary jurisdiction rather than require discontinuance.

Citation
[2022] HKCFI 890
Parties
申索人 (上訴人): 曾韻如; 被告人 (答辯人): 柯金牌
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2022
Case Number
HCSA19/2019
Procedural Posture
Small Claims Tribunal Appeal to High Court / Appeal Hearing and Determination (leave Granted)
Outcome
Appeal allowed
Legal Topics
Pre Judgment Interest (s33), Representation of Mentally Ill Litigant (s19), Transfer of Proceedings Due to Excess Jurisdiction, Calculation of Limitation and Acknowledgement, Contractual Vs Statutory Interest
Source Language
CT
Civil Procedure Debt Recovery Tribunal Jurisdiction Limitation Law Mental Capacity Law Pre Judgment Interest (s33) Representation of Mentally Ill Litigant (s19) Transfer of Proceedings Due to Excess Jurisdiction +2 more

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Parties

曾韻如

申索人 (上訴人)

柯金牌

被告人 (答辯人)

Procedural Posture

Small Claims Tribunal Appeal to High Court / Appeal Hearing and Determination (leave Granted)

Legal Issues

  1. 1 Whether a person with mental illness may be represented in the Small Claims Tribunal and when a litigation guardian and legal representation are required
  2. 2 Whether the Small Claims Tribunal may award pre-judgment interest under s33 of the Small Claims Tribunals Ordinance and how that interest is calculated
  3. 3 Whether the Tribunal must or may transfer a matter to the Regional Court when the claimed amount including interest exceeds the Tribunal's monetary jurisdiction

Ratio Decidendi

The Tribunal erred by not considering awarding pre-judgment interest under s33 when the claimant declined transfer; the claimant was entitled to statutory pre-judgment interest only on the recoverable portion and only from the date limitation was revived by the defendant's last written acknowledgement (3 December 2018) to the date of the Tribunal hearing, calculated at the Regional Court rate (8%), yielding HK$1,111.23; the Tribunal should transfer cases that exceed its monetary jurisdiction rather than require discontinuance.

Court Disposition

Appeal allowed

Orders

  • Pre-judgment interest awarded to claimant: HK$1,111.23
  • Defendant to pay costs of the application for leave to appeal and of this appeal; claimant to file and serve a schedule of costs within 14 days; defendant may file and serve objections within 14 days; court to determine costs in writing