郭振強及另一人 對 陳國新經營燊記裝修水電工程
Leave to appeal was refused because the defendant failed to demonstrate any error of law or that the tribunal exceeded its jurisdiction; the issues raised were disputes about facts or credibility which are not grounds for appellate review from the Small Claims Tribunal.
- Citation
- [2025] HKCFI 300
- Parties
- First Claimant: 郭振強; Second Claimant: 李嘉儀; Defendant/applicant: 陳國新經營燊記裝修水電工程
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 15 January 2025
- Case Number
- HCSA57/2024
- Procedural Posture
- Small Claims Tribunal Appeal / Application for Leave to Appeal
- Outcome
- application for leave to appeal refused
- Legal Topics
- Termination of Contract, Implied Terms (custom), Damages, Jurisdiction, Standard of Appellate Review
- Source Language
- CH
Case Brief
Summary, issues, holding and outcome
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Parties
郭振強
First Claimant
李嘉儀
Second Claimant
陳國新經營燊記裝修水電工程
Defendant/applicant
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the Small Claims Tribunal made an error of law or exceeded its jurisdiction
- 3 Whether an asserted industry custom (non‑refundable deposit/double repayment) can be implied into the contract
Ratio Decidendi
Leave to appeal was refused because the defendant failed to demonstrate any error of law or that the tribunal exceeded its jurisdiction; the issues raised were disputes about facts or credibility which are not grounds for appellate review from the Small Claims Tribunal.
Court Disposition
application for leave to appeal refused
Orders
- Leave to appeal refused
- No order as to costs
Full Case Text
Judgment text and source record
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