22 Nov 2001
SO KWOK YAN & SO KWOK WAI trading as GLORIA KINDERGARTEN (NORFOLK EXTENSION) v. CHING HONG YUEN & OTHERS
- Citation
- SO KWOK YAN & SO KWOK WAI trading as GLORIA KINDERGARTEN (NORFOLK EXTENSION) v. CHING HONG YUEN & OTHERS
- Court
- Court of First Instance
- Case number
- HCSA25/2000
The appeal was dismissed because restitution for excess school fees charged in contravention of Regulation 61 is available to parents who paid in ignorance where the payee (the Kindergarten/Appellants) acted mala fide or bore primary responsibility for the illegality; the Adjudicator properly found the Appellants knew the charges were unlawful and misled parents so they were not in pari delicto, mistake of law supported restitution, and the change of position defence failed on the facts; procedural complaints did not raise sustainable points of law and did not vitiate the Tribunal's decision.