丘翠蓮 對 LOTUS EMPLOYMENT AGENCY LTD

丘翠蓮 對 LOTUS EMPLOYMENT AGENCY LTD

The application for leave to appeal was refused because the grounds were predominately factual, not legal, the tribunal's reasons addressed the substantial issues and there was no demonstrable legal error or excess of jurisdiction by the Small Claims Tribunal; the claimant therefore failed to show an arguable legal...

Source-derived case information.

Citation
[2024] HKCFI 2988
Parties
Applicant: YAU CHUI LIN (丘翠蓮); Respondent: LOTUS EMPLOYMENT AGENCY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2024
Case Number
HCSA2/2024
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Leave to Appeal Under Small Claims Tribunal Ordinance S28(1), Standard of Proof (balance of Probabilities), Reasons for Decision, Jurisdiction of Tribunal, Procedural Fairness
Source Language
ch
Contract Civil Procedure Evidence Appellate Law Administrative Law Leave to Appeal Under Small Claims Tribunal Ordinance S28(1) Standard of Proof (balance of Probabilities) Reasons for Decision +2 more

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Parties

YAU CHUI LIN (丘翠蓮)

Applicant

LOTUS EMPLOYMENT AGENCY LIMITED

Respondent

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal

  1. 1 Whether the issues raised are legal questions within s28(1) or mere disputes of fact
  2. 2 Whether the Small Claims Tribunal erred in law in its evaluation of evidence and credibility findings
  3. 3 Whether the tribunal failed to give adequate reasons or breached its duty to investigate

Ratio Decidendi

The application for leave to appeal was refused because the grounds were predominately factual, not legal, the tribunal's reasons addressed the substantial issues and there was no demonstrable legal error or excess of jurisdiction by the Small Claims Tribunal; the claimant therefore failed to show an arguable legal issue entitling her to leave to appeal.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • No order as to costs