Hong Kong Case Law: Decisions & Judgments

Topic

Transfer from small claims tribunal

Legal area

Court

15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. JIM CHUNG KWAI AND OTHERS

Citation

GOLDEN BRICK INVESTMENT CO LTD v. JIM CHUNG KWAI AND OTHERS
Court

Lands Tribunal
Case number

LDBM58/2004

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 is not negated by the fact the applicant is an ex-manager outside section 45(4); consequently the respondents' strike out application was dismissed and the transferred claims may proceed in the Lands Tribunal.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. LIU RAY CHU AND OTHERS

Citation

GOLDEN BRICK INVESTMENT CO LTD v. LIU RAY CHU AND OTHERS
Court

Lands Tribunal
Case number

LDBM64/2004

Section 8(8A) of the Lands Tribunal Ordinance confers jurisdiction on the Lands Tribunal to determine claims transferred from the Small Claims Tribunal under s7 regardless of the applicant's status as ex-manager under s45(4) of the Building Management Ordinance; therefore the respondents' strike out applications for lack of jurisdiction were dismissed and the claims may proceed in the Lands Tribunal.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. YU KIM YING TERESA

Citation

GOLDEN BRICK INVESTMENT CO LTD v. YU KIM YING TERESA
Court

Lands Tribunal
Case number

LDBM68/2004

The tribunal dismissed the respondents' strike-out application and held that section 8(8A) of the Lands Tribunal Ordinance gives the Lands Tribunal jurisdiction to determine claims transferred from the Small Claims Tribunal under s7, and that this confers competence to hear the transferred claims notwithstanding that the applicant is an ex-manager not within s45(4), so the application to strike out for want of jurisdiction failed.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. KAM LOI SHUN AND OTHERS

Citation

GOLDEN BRICK INVESTMENT CO LTD v. KAM LOI SHUN AND OTHERS
Court

Lands Tribunal
Case number

LDBM62/2004

Section 8(8A) of the Lands Tribunal Ordinance confers jurisdiction on the Lands Tribunal to determine claims transferred to it from the Small Claims Tribunal; that jurisdiction is not negatived by the enumerated persons in section 45(4) of the Building Management Ordinance so as to require automatic striking out of the transferred ex-manager claims; accordingly the respondents' strike out application is dismissed and the claims remain before the Tribunal.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. LAM MAN LUNG & CHAN YUK LING BETTY

Citation

GOLDEN BRICK INVESTMENT CO LTD v. LAM MAN LUNG & CHAN YUK LING BETTY
Court

Lands Tribunal
Case number

LDBM56/2004

The Tribunal dismissed the strike-out application: where a claim is validly transferred from the Small Claims Tribunal under s7, s8(8A) of the Lands Tribunal Ordinance confers jurisdiction on the Lands Tribunal to determine the transferred claim notwithstanding that the applicant may be an ex-manager not falling within s45(4) of the Building Management Ordinance; the screening function of the Small Claims Tribunal and practical considerations support maintaining jurisdiction here rather than transferring back to another forum.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. CHAN KWOK LEUNG AND ANOTHER

Citation

GOLDEN BRICK INVESTMENT CO LTD v. CHAN KWOK LEUNG AND ANOTHER
Court

Lands Tribunal
Case number

LDBM60/2004

Claims transferred from the Small Claims Tribunal pursuant to section 7 fall within the Lands Tribunal's jurisdiction to determine under section 8(8A) of the Lands Tribunal Ordinance; that jurisdiction is not negated by the fact that the applicant is an ex-manager not listed in section 45(4) of the Building Management Ordinance. Therefore the respondents' applications to strike out for want of jurisdiction were dismissed and the Tribunal will determine the claims on their merits.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. TSIM CHUNG MING AND OTHERS

Citation

GOLDEN BRICK INVESTMENT CO LTD v. TSIM CHUNG MING AND OTHERS
Court

Lands Tribunal
Case number

LDBM59/2004

The Tribunal held that section 8(8A) of the Lands Tribunal Ordinance confers jurisdiction to determine claims transferred from the Small Claims Tribunal and is not negated by the person-specific limits in section 45(4) of the Building Management Ordinance; accordingly the applicants transferred from the Small Claims Tribunal could be heard in the Lands Tribunal and the respondents' strike-out applications were dismissed.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. POON CHI KWONG AND ANOTHER

Citation

GOLDEN BRICK INVESTMENT CO LTD v. POON CHI KWONG AND ANOTHER
Court

Lands Tribunal
Case number

LDBM69/2004

Because the claims were properly transferred from the Small Claims Tribunal under section 7, section 8(8A) of the Lands Tribunal Ordinance confers jurisdiction on the Lands Tribunal to determine those transferred claims; that jurisdiction is not negated by the list of persons in section 45(4) such that the respondents' strike out application must be dismissed and the claims proceed in the Lands Tribunal.