Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Transfer of proceedings from small claims tribunal

Legal area

Court

15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. CHONG KWAN YING & CHONG YIK MUI

Citation

GOLDEN BRICK INVESTMENT CO LTD v. CHONG KWAN YING & CHONG YIK MUI
Court

Lands Tribunal
Case number

LDBM55/2004

The Lands Tribunal has jurisdiction under s.8(8A) of the Lands Tribunal Ordinance to determine claims transferred to it from the Small Claims Tribunal; that jurisdiction is not negated merely because the claimant is an ex-manager who would not qualify under s.45(4) if the claim had been lodged directly. Accordingly the respondents' strike out application for want of jurisdiction was dismissed.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. CHENG MEI KUEN

Citation

GOLDEN BRICK INVESTMENT CO LTD v. CHENG MEI KUEN
Court

Lands Tribunal
Case number

LDBM63/2004

The Tribunal held that section 8(8A) of the Lands Tribunal Ordinance gives the Tribunal jurisdiction to determine claims transferred from the Small Claims Tribunal and that this jurisdiction operates notwithstanding that the applicant is an ex-manager not falling within the persons listed in section 45(4) of the Building Management Ordinance; accordingly the respondents' strike-out application failed and was dismissed.