Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal and remittal

Legal area

Court

17 Mar 2025

譚炳瑞對李倩芳

Citation

[2025] HKCFI 1090
Court

Court of First Instance
Case number

HCSA14/2024

The appeal succeeds on two grounds: the tribunal omitted to address the applicant's collateral damage claims and the tribunal's paragraph 58 conclusion on general damages lacked sufficient reasons and did not address material matters raised in paragraph 9. The matter is remitted to the Small Claims Tribunal to determine liability and amount for collateral damage and to assess whether the reasonableness of the defendant's conduct affects the award for general damages; costs awarded to the applicant for specified hearings.
1 Dec 2014

ORRICO, PHILIPPE AND ANOTHER v. MUNICIPAL SERVICES APPEALS BOARD

Citation

ORRICO, PHILIPPE AND ANOTHER v. MUNICIPAL SERVICES APPEALS BOARD
Court

Court of First Instance
Case number

HCAL24/2014

The court held that where an inferior tribunal as respondent has committed serious and obvious errors including failure to give adequate reasons and to observe statutory requirements, and where the tribunal takes a neutral stance leaving the applicant to prove a reasonably arguable challenge, it is within the court’s discretion to order the tribunal body to pay the successful applicant’s costs; on the facts MSAB’s conduct amounted to flagrant improper behaviour and the order that MSAB pay applicants’ costs was made absolute.