Monis Beraha v. Peter Shui & His Son Emanuel (10 Years' Old)

Case No.CACV 2/1978

Court

Court of Appeal

Date—

Judge—

Case Document

100%Judiciary

CACV000002/1978

IN THE COURT OF APPEAL	1978 No.2
	(Small Claims Tribunal Review)

BETWEEN:
	MONIS BERAHA	Applicant
	and
	PETER SHUI & HIS SON EMANUEL (10 years' old)	Respondent

Coram: Briggs, C. J., Huggins & Pickering, JJ.A.

Date of Judgment: 21st November, 1978.

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JUDGMENT

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1. On September 15th, 1978, the applicant was driving his car in Bisney Road. A stone was thrown at the car and the windscreen was broken. It is the case for the applicant that the second respondent, Emanuel Shui, a boy of about 10 years old, threw the stone which caused the damage. Fortunately, no one was hurt.

2. The applicant brought proceedings in the Small Claims Trinunal to recover the cost of the repair to his car. He sued both the boy, Emanuel Shui and the boy's father.

3. The Adjudicator, at the request of the defendants. made an order transferring the proceedings to the District Court under the provisions of section 7 of the Small Claims Tribunal Ordinance (Cap. 338). The Applicant applies for a review of that decision on the ground that the boy, Emanuel, has admitted that he threw the stone and that a trial in the District Court will involve him in heavy expense.

4. The reasons for granting the order of transfer given by the Adjudicator read in part as follows:-

"In this case neither party is, apparently, poor and claimant, if successful, can claim for costs. When one party objects to hearing by this Court, it is perhaps difficult to assert that tribunal procedure will be the shortest way home."

5. Under the Ordinance, the Adjudicator has a discretion whether to transfer a case or not. But the reasons given by the Adjudicator in this case do not appear to us to be valid reasons for the exercise of that discretion. The matter is a simple one and within the jurisdiction of the Small Claims Tribunal. The comparative wealth of the parties assumed by the Adjudicator would appear to be irrelevant to the issue.

6. In the event, this application is granted. The order for transfer is set aside and the claims of the applicant is remitted back to the Small Claims Tribunal. The respondent is to pay $25 costs to the applicant.

	(Geoffrey Briggs)
	President.

Representation:

Huggins, J.A.: I agree.

Applicant in person

R. Faulkner (Helen A. Lo & Co.,) for Respondent