LEUNG SING v. ABDUL MAJID MALIK

LEUNG SING v. ABDUL MAJID MALIK

No question of law or jurisdiction was raised; the adjudicator's factual findings were supported by evidence and therefore not reviewable on appeal; financial difficulty is not a valid defence; the application did not raise permissible grounds under section 28 and must be dismissed.

Citation
LEUNG SING v. ABDUL MAJID MALIK
Parties
Claimant: Leung Sing; 2nd Defendant: Abdul Majid Malik
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2002
Case Number
HCSA34/2002
Procedural Posture
Small Claims Tribunal Appeal / Decision on Appeal (court of First Instance)
Outcome
Application dismissed
Legal Topics
Appeal Grounds, Jurisdiction, Evaluation of Findings of Fact, Financial Hardship as Defence, Enforcement of Awards
Source Language
EN
Small Claims Civil Procedure Enforcement Appeal Grounds Jurisdiction Evaluation of Findings of Fact Financial Hardship as Defence Enforcement of Awards

Case Brief

Summary, issues, holding and outcome

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Parties

Leung Sing

Claimant

Abdul Majid Malik

2nd Defendant

Procedural Posture

Small Claims Tribunal Appeal / Decision on Appeal (court of First Instance)

Legal Issues

  1. 1 Whether the appeal raised any question of law or jurisdiction
  2. 2 Whether the adjudicator erred in rejecting the 2nd Defendant's allegation of vehicle defects
  3. 3 Whether financial difficulty is a valid defence to enforcement

Ratio Decidendi

No question of law or jurisdiction was raised; the adjudicator's factual findings were supported by evidence and therefore not reviewable on appeal; financial difficulty is not a valid defence; the application did not raise permissible grounds under section 28 and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed