Leung Sing v. Abdul Majid Malik

Read the full judgment text of HCSA 34/2002 on BabelCite. This High Court CFI judgment was delivered on 29 August 2002.

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.

Case No.HCSA 34/2002
Court
High Court CFI
Date29 Aug 2002
Judge
Case Document
100%Judiciary

HCSA000034/2002

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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BETWEEN
LEUNG SING Claimant
AND
ABDUL MAJID MALIK 2nd Defendant

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Coram: Deputy High Court Judge Lam in Chambers

Date of Hearing: 21 August 2002

Date of Handing Down Decision: 29 August 2002

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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.

(M H Lam)
Deputy Judge of the High Court

Representation:

2nd Defendant, Abdul Majid Malik, present