Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Wrongful deduction

Legal area

Court

15 Dec 2017

LET’ SPA CO LTD v. CHAN KA YEE

Citation

LET’ SPA CO LTD v. CHAN KA YEE
Court

Court of First Instance
Case number

HCLA22/2017

The court refused leave to appeal because the presiding officer's findings were supported by evidence, no substantial injustice from any alleged investigative failure was demonstrated, the challenged contract clauses were properly characterized as penal and unenforceable, and the issues raised did not disclose an error of law under s32(1) LTO.
15 Dec 2017

LIU HUANHUAN v. LET’ SPA CO LTD AND ANOTHER

Citation

LIU HUANHUAN v. LET’ SPA CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCLA24/2017

Leave to appeal was refused because the Presiding Officer's factual findings and legal conclusions were supported by the evidence and legal principle: admissions and witness evidence (and absence of documentary proof of payment) justified the awards; the contractual clauses were correctly characterised as penal and unenforceable because they did not represent a genuine pre-estimate of loss; no substantial injustice or legal error was demonstrated to warrant leave under s32(1) LTO.