ABBASHER, FAISAL ELHAG MOHAMED v. LAU CHUNG WAH WADDLE

HCSA81/2007

 

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

SMALL CLAIMS TRIBUNAL APPEAL NO. 81 OF 2007

(ON APPEAL FROM SCTC 38238 OF 2007)

---------------------

BETWEEN

	ABBASHER, FAISAL ELHAG MOHAMED	Claimant (Applicant)
	and
	LAU CHUNG WAH WADDLE	Defendant

---------------------

Before : Hon Yam J in Chambers

Date of Hearing : 18 March 2008

Date of Judgment : 18 March 2008

------------------------

J U D G M E N T

------------------------

1. The applicant applied for leave to appeal on points of law.  It stated clearly in Form 9 filed by the applicant that application for leave to appeal must be on points of law.  

2. The learned adjudicator decided the case against the claimant Mr Abbasher.  He believed the defendant’s version.  He found, as a matter of fact, there was no extension of time orally agreed between the parties.  It has been repeatedly said in this court that appeal against finding of facts is not allowed. 

3. I have read the Reasons for Decision and the stated grounds of appeal.  I do not find any point of law involved at all.  In other words there is no arguable points of law throughout the whole decision. 

4. Accordingly this application is dismissed and since Mr Abbasher is appearing in person ex parte I would make no order as to costs against him. 

( D. Yam ) Judge of the Court of First Instance High Court

The Claimant (Applicant) in person, present