LEUNG MUK LAN v. COUNTRY CLUB PUBLISHING CO. LTD.

LEUNG MUK LAN v. COUNTRY CLUB PUBLISHING CO. LTD.

The Acting Principal Adjudicator had jurisdiction to transfer and there was material and compelling reason to transfer the applicant's claims to the Court of First Instance; the adjudicator's exercise of discretion was not shown to be plainly wrong, therefore the review application must be dismissed.

Citation
LEUNG MUK LAN v. COUNTRY CLUB PUBLISHING CO. LTD.
Parties
Claimant (applicant): Leung Muk Lan; Defendant (respondent): Country Club Publishing Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 October 1998
Case Number
HCMP4851/1998
Procedural Posture
Review of Transfer From Small Claims Tribunal to Court of First Instance / Court of Appeal Hearing (application for Review)
Outcome
Application for review dismissed
Legal Topics
Transfer to Court of First Instance, Jurisdiction of Small Claims Tribunal, Discretionary Transfer, Consolidation of Related Actions, Representation in Tribunal
Source Language
EN
Civil Procedure Tribunal Jurisdiction Small Claims Tribunal Transfer of Proceedings Right of Audience Transfer to Court of First Instance Jurisdiction of Small Claims Tribunal Discretionary Transfer +2 more

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Parties

Leung Muk Lan

Claimant (applicant)

Country Club Publishing Co. Ltd.

Defendant (respondent)

Procedural Posture

Review of Transfer From Small Claims Tribunal to Court of First Instance / Court of Appeal Hearing (application for Review)

Legal Issues

  1. 1 Whether the Acting Principal Adjudicator had jurisdiction to order transfer to the Court of First Instance
  2. 2 Whether the Tribunal's discretion to transfer was properly exercised
  3. 3 Whether attendance of an employee of a solicitors' firm as advocate was appropriate

Ratio Decidendi

The Acting Principal Adjudicator had jurisdiction to transfer and there was material and compelling reason to transfer the applicant's claims to the Court of First Instance; the adjudicator's exercise of discretion was not shown to be plainly wrong, therefore the review application must be dismissed.

Court Disposition

Application for review dismissed

Orders

  • Application for review dismissed