Hong Kong Case Law

14 Nov 2023

CHAN CHIU TUNG v. CHENG KA FAI PHILIP

Citation

[2023] HKCA 1277

Court

Court of Appeal

Case number

CACV528/2021

Where one tortious act gives rise to different types of loss (personal injury and property damage) they arise from the same factual situation and constitute a single cause of action; therefore the Property Damage Claim could properly be pursued in the District Court given the claim was validly commenced in the High Court and transferred, and Brunsden v Humphrey should not be followed in Hong Kong.

• Cause of action
• Small claims tribunal jurisdiction
• Henderson v henderson (cause of action estoppel)
• Settlement scope
• Remittal to trial court
• Costs follow the event