LEUNG SING v. ABDUL MAJID MALIK

HCSA 34/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

SMALL CLAIMS TRIBUNAL APPEAL NO. 34 OF 2002

(ON APPEAL FROM SMALL CLAIM TRIBUNAL CLAIM
NO. SCTC 58185 OF 2001)

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D E C I S I O N

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1. After reading the documents and considering carefully the 2nd Defendant's submission, I do not see any question of law or question of jurisdiction being raised.

2. The adjudicator has considered all the evidence and given sufficient reasons for rejecting the allegation of the 2nd Defendant about the defects of his vehicle. He made findings of facts which were supported by evidence. His decision cannot be faulted on point of law.

3. The financial difficulty on the part of the 2nd Defendant is not a valid defence. It is up to the claimant to decide whether he will enforce the award against the 1st Defendant or the 2nd Defendant.

4. The application does not raise any permissible grounds of appeal under section 28 of the Small Claims Tribunal Ordinance. The application is therefore dismissed.

Representation:

2nd Defendant, Abdul Majid Malik, present