DESIR, ANTHONY C v. KNIGHT FRANK (SERVICES) LTD AND OTHERS

HCSA 36/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

SMALL CLAIMS TRIBUNAL APPEAL NO 36 OF 2013

(ON APPEAL FROM SMALL CLAIMS TRIBUNAL CLAIM

NO 31038 OF 2012)

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R U L I N G

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1.  I have considered the amended application for leave to appeal setting out the various grounds and also heard Mr Desir’s oral submissions before me today.

2.  Having carefully considered the threshold test for granting leave to appeal and the evidence and documents which Mr Desir has brought my attention to, I consider that the amended grounds that he has now put forward have reached the threshold test of being arguable in the sense that it is not fanciful that the learned adjudicator may have erred in law in reaching his conclusion.  I therefore grant leave to appeal.

3.  Since the matter is to proceed to appeal proper it is inappropriate for me now to dwell on the merits but I should remind Mr Desir, who is acting in person, that the granting of leave to appeal does not necessarily prophecy success at the appeal proper since the court has yet to be persuaded by both parties at the appeal on the merits of the points of law put forward.

4.  Leave be granted to Mr Desir to appeal on the grounds set out in the amended application for leave to appeal.

5.  Costs of the application be costs in the cause of the appeal.