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Hong Kong decisions
Decisions matching the current search
High Court refused leave to appeal from a Small Claims Tribunal decision involving alleged misrepresentation by a domestic helper agency and no proven error of law.
The court dismissed Zhu Bei’s claim for refund arising from a CIES-related bond investment, holding the defendants did not breach duties or make actionable misrepresentations.
Plaintiff failed to prove the accident occurred in the specific manner pleaded; contemporaneous police, ambulance and medical records and inconsistent witness accounts undermined the plaintiff's version; res ipsa loquitur was inapplicable; on balance of probabilities the claim against both defendants fails and is dismissed.
Source excerpt
The tribunal correctly applied the pricing evidence (store signage and receipt) to find no overcharge; the HK$50,000 damages claim lacked particulars and evidential foundation and was properly struck out summarily; the applicant produced no evidence to support allegations of adjudicator corruption; accordingly the application for leave to appeal lacked any real prospect of success and is refused.
Source excerpt
The Court of First Instance refused leave to appeal from the Small Claims Tribunal, holding that the proposed grounds did not identify any proper question of law.
District Court granted leave to appeal only on Ground 10 concerning foreseeability of loss of rental income, and refused leave on the other 12 grounds.
The District Court held the defendant liable for water seepage from Flat 5E to Flat 4E, granted an injunction, and awarded HK$336,578.60 in damages.
The Court of First Instance dismissed a personal injuries claim arising from pituitary surgery, finding informed consent had been obtained and liability not proved.
The Court of First Instance dismissed an appeal against strike-out of a negligent misrepresentation claim, holding no duty of care was properly pleaded and no loss was shown.
The District Court held Yeung and Friends Frozen Food liable for fraudulent misrepresentation and breach of contract in a business sale dispute, and dismissed the counterclaim.
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