Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Leave to appeal under section 32

Legal area

Court

11 Aug 2021

MULAKH-RAJ v. BALAJI GROUP LTD t/a T/A TULSI INDIAN RESTAURANT

Citation

[2021] HKCFI 2334
Court

Court of First Instance
Case number

HCLA8/2021

The application for leave to appeal is dismissed because the Claimant's grounds are challenges to the Tribunal's factual findings and credibility assessments, not errors of law; the Tribunal's findings were supported by evidence and the duty to investigate was exercised within its discretion, so there is no reasonable prospect of success on a legal ground.
29 Nov 2018

AKTHTER TANJINA v. PUSHKARNA NEENA

Citation

[2018] HKCFI 2820
Court

Court of First Instance
Case number

HCLA18/2018

Leave to appeal was granted because the presence of the IOM report identifying the claimant as a victim of trafficking, combined with the Court of Appeal decision in Z N, raised arguable questions of law sufficient to justify granting permission despite the appeal being based largely on credibility findings.
31 Jan 2013

CHAN YAT SAN v. FUTURE LUCKY (296) LTD

Citation

CHAN YAT SAN v. FUTURE LUCKY (296) LTD
Court

Court of First Instance
Case number

HCLA18/2012

Leave to appeal was granted because there were arguable grounds that the Presiding Officer inadequately investigated a material and disputed issue (control and freedom to accept work) by deciding the case in the Company's absence and may have relied on irrelevant materials, such that a fair and proper determination may not have been attainable.