楊立孚 對 香港賽馬會

楊立孚 對 香港賽馬會

Permission to appeal was refused because none of the statutory grounds in s32 were made out: the Tribunal's factual findings were open on the evidence and not affected by an error of law, and s35(2) bars re‑hearing factual issues or admitting fresh evidence on a leave application.

Source-derived case information.

Citation
[2021] HKCFI 3117
Parties
Appellant: YEUNG LAP FU; Respondent: THE HONG KONG JOCKEY CLUB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2021
Case Number
HCLA10/2021
Procedural Posture
Labour/employment Dispute Appeal From Labour Tribunal / Application for Permission to Appeal (leave to Appeal)
Outcome
application for permission to appeal refused
Legal Topics
Bonus Entitlement, Jurisdiction, Standard of Review on Factual Findings, Admission of Fresh Evidence, Burden of Proof, Procedural Fairness
Source Language
ch
Employment Law Administrative Law Civil Procedure Tribunal Law Bonus Entitlement Jurisdiction Standard of Review on Factual Findings Admission of Fresh Evidence +2 more

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Parties

YEUNG LAP FU

Appellant

THE HONG KONG JOCKEY CLUB

Respondent

Procedural Posture

Labour/employment Dispute Appeal From Labour Tribunal / Application for Permission to Appeal (leave to Appeal)

  1. 1 Whether the Labour Tribunal had jurisdiction to hear the claim after transfer from Small Claims Tribunal
  2. 2 Whether the Tribunal erred in law in its factual findings concerning breach of service/work guidelines
  3. 3 Whether the Tribunal applied incorrect allocation of burden of proof

Ratio Decidendi

Permission to appeal was refused because none of the statutory grounds in s32 were made out: the Tribunal's factual findings were open on the evidence and not affected by an error of law, and s35(2) bars re‑hearing factual issues or admitting fresh evidence on a leave application.

Court Disposition

application for permission to appeal refused

Orders

  • application dismissed
  • no order as to costs