律政司司長 v. HO WING TAT VICTOR

律政司司長 v. HO WING TAT VICTOR

The application for leave to appeal is dismissed because the adjudicator did not commit any error of law or exceed jurisdiction: the Tribunal lawfully applied the civil standard of proof and its adverse factual conclusions about insufficiency of the defendant's explanations and evidence were open on the material before it, notwithstanding the defendant's prior criminal acquittal.

Citation
[2018] HKCFI 322
Parties
Claimant/respondent: 律政司司長; Defendant/applicant: HO WING TAT VICTOR (何永達)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2018
Case Number
HCSA58/2017
Procedural Posture
Small Claims Tribunal Appeal (from Small Claims Tribunal Claim No 33833 of 2016) / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
Standard of Proof, Jurisdiction of Tribunal, Leave to Appeal, Evidence Sufficiency, Effect of Criminal Acquittal on Civil Proceedings
Source Language
EN
Civil Procedure Tribunal Law Social Welfare Law Criminal Law (collateral Effect) Standard of Proof Jurisdiction of Tribunal Leave to Appeal Evidence Sufficiency +1 more

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Parties

律政司司長

Claimant/respondent

HO WING TAT VICTOR (何永達)

Defendant/applicant

Procedural Posture

Small Claims Tribunal Appeal (from Small Claims Tribunal Claim No 33833 of 2016) / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Small Claims Tribunal erred in law or exceeded its jurisdiction in awarding against the defendant
  2. 2 Whether the Tribunal could lawfully reach a conclusion different from a criminal court which acquitted the defendant
  3. 3 Whether the claimant proved the alleged overclaim of funds and whether the defendant provided sufficient evidence of debts or expenditures to rebut that claim

Ratio Decidendi

The application for leave to appeal is dismissed because the adjudicator did not commit any error of law or exceed jurisdiction: the Tribunal lawfully applied the civil standard of proof and its adverse factual conclusions about insufficiency of the defendant's explanations and evidence were open on the material before it, notwithstanding the defendant's prior criminal acquittal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.