Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Small claims tribunal powers

Legal area

Court

15 Jul 2022

金潮順對李麗嬋經營興業運輸公司及另一人

Citation

[2022] HKCFI 2091
Court

Court of First Instance
Case number

HCSA15/2022

The Court refused leave because the applicant failed to identify any legal error; the Tribunal correctly exercised its power under s25 to dismiss plainly unmeritorious and vexatious claims, and the repeated proceedings constituted abuse of process, so leave under s28(1) was not justified.
14 Mar 1984

LOONG HOCK LTD v. LAW HUNG

Citation

LOONG HOCK LTD v. LAW HUNG
Court

Court of First Instance
Case number

HCSA31/1983

Section 23 of the Small Claims Tribunal Ordinance, read with the presumption in favour of the common law, does not permit reception of unsworn evidence generally; the adjudicator improperly relied on a tribunal officer's summary and entered judgment without a proper hearing, therefore the decision on the balance of the claim was unwarranted and the balance must be retried de novo by another adjudicator.