OLIVER KATHERINE QUEBEC v. PO SING EMPLOYMENT SERVICE CENTRE LTD

OLIVER KATHERINE QUEBEC v. PO SING EMPLOYMENT SERVICE CENTRE LTD

Leave to appeal was dismissed because the claimant's second action concerned the same subject matter as an earlier dismissed claim and therefore could not proceed, the claimant failed to provide particulars of any alleged new evidence and failed to appear, and appeals from the Tribunal must raise points of law.

Source-derived case information.

Citation
OLIVER KATHERINE QUEBEC v. PO SING EMPLOYMENT SERVICE CENTRE LTD
Parties
Claimant (appellant): Oliver Katherine Quebec; Defendant (respondent): Po Sing Employment Service Centre Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 2013
Case Number
HCSA2/2013
Procedural Posture
Appeal From Small Claims Tribunal / Application for Leave to Appeal (judgment)
Outcome
Application for leave to appeal dismissed.
Legal Topics
Res Judicata, Fresh Evidence on Appeal, Small Claims Procedure, Leave to Appeal
Source Language
en
Civil Procedure Employment Law Appeal Law Res Judicata Fresh Evidence on Appeal Small Claims Procedure Leave to Appeal

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Parties

Oliver Katherine Quebec

Claimant (appellant)

Po Sing Employment Service Centre Limited

Defendant (respondent)

Procedural Posture

Appeal From Small Claims Tribunal / Application for Leave to Appeal (judgment)

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether alleged new evidence justifies reconsideration on appeal
  3. 3 Whether claimant's second claim amounted to an impermissible multiple action (res judicata)

Ratio Decidendi

Leave to appeal was dismissed because the claimant's second action concerned the same subject matter as an earlier dismissed claim and therefore could not proceed, the claimant failed to provide particulars of any alleged new evidence and failed to appear, and appeals from the Tribunal must raise points of law.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.