21 Jul 2022
Review dismissed: tribunal correctly required claimants to produce credible evidence of loss and was entitled to fix symbolic damages at HK$100 where no reliable evidence supported a higher award; s16(3) does not oblige the tribunal to inquire into unpleaded or unsupported allegations of mental distress, so no award for mental distress was required.
21 Jul 2022
The review is dismissed because claimants failed to discharge the burden to prove loss or mental distress; a single post‑judgment invoice was not credible evidence to increase damages; the tribunal lawfully awarded $100 symbolic damages in the absence of reliable evidence; the statutory duty to inquire under s16(3) does not require investigation into unpleaded, unsubstantiated matters.
21 Jul 2022
The review is dismissed because the claimants failed to discharge the burden of proving actual loss or any psychiatric injury; the Tribunal correctly applied established law that a claimant must produce credible evidence of loss, properly rejected a post‑judgment receipt as proving their loss, and correctly held that s16(3) does not impose an absolute duty to inquire into alleged mental distress absent any evidential basis.