TSOI SIU FUI v. CHRISTINE LAU

TSOI SIU FUI v. CHRISTINE LAU

The application for leave to appeal was refused because the issues raised were findings of fact (termination by subletting, assessment of damages and reasonableness of lock cost) rather than questions of law or jurisdiction under s.28(1), and the Court will not intervene in those factual determinations.

Citation
TSOI SIU FUI v. CHRISTINE LAU
Parties
Applicant / Defendant: TSOI SIU FUI; Respondent / Claimant: CHRISTINE LAU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 1979
Case Number
HCSA13/1979
Procedural Posture
Small Claims / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
Tenancy, Subletting, Damages, Leave to Appeal, Small Claims Jurisdiction
Source Language
EN
Landlord and Tenant Contract Civil Procedure Property Tenancy Subletting Damages Leave to Appeal +1 more

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Parties

TSOI SIU FUI

Applicant / Defendant

CHRISTINE LAU

Respondent / Claimant

Procedural Posture

Small Claims / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under s.28(1) of the Small Claims Tribunal Ordinance
  2. 2 Whether the Adjudicator's findings of fact (termination by subletting, damages, lock replacement) involve questions of law
  3. 3 Whether the amounts claimed for redecorating, lighting and lock were recoverable and supported by particulars

Ratio Decidendi

The application for leave to appeal was refused because the issues raised were findings of fact (termination by subletting, assessment of damages and reasonableness of lock cost) rather than questions of law or jurisdiction under s.28(1), and the Court will not intervene in those factual determinations.

Court Disposition

Application for leave to appeal refused.

Orders

  • Application for leave to appeal refused.