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HCSA000010/1996
IN THE SUPREME COURT OF HONG KONG
SMALL CLAIMS TRIBUNAL APPEAL NO.10 OF 96
(CLAIM NO. 24168/95)
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STANDARD TRADING COMPANY |
Appellant/Claimant |
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WINDSURF BOUTIQUE LIMITED |
Respondent/Defendant |
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Coram : Hon. Jerome Chan, J. in Court
Date of hearing : 2 October 1996
Date of delivery of judgment : 2 October 1996
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J U D G M E N T
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1. The grounds of appeal, for which leave was granted, were on the basis that the adjudicator had overlooked certain aspects of the case, and that there could be injustice.
2. I am afraid that upon looking at the notes of proceedings and the record closely, the adjudicator had specifically dealt with all the issues he should and could deal with at the trial. He had specifically ruled on whether the rights of rescission had been lost or not. On the evidence before me he was entitled to come to that conclusion and there is nothing in the records before me to suggest that he should investigate of his own initiative whether the heaters could be returned in perfect condition or not, especially when he had suggested the return and no objection was raised by the appellant. At that stage, when he suggested the return, it was still open to the appellant to raise the issue of the condition of the heater. As at to-date the condition is unknown to the appellant as it still refused to accept the return of the goods. There may or may not be any ground for complaint about the condition. The appellant is speculating on the possible existence of such grounds.
3. The appellant could have asked the tribunal to review its own ecision to investigate the condition of the heaters to see whether they should be returned, or whether there was any injustice rendering the return inequitable. I am afraid that it is now too late for the appellant to raise this issue as a ground of appeal.
4. I cannot find any fault with the decision of the adjudicator at all. I do not require the assistance of the respondent to assist me in deciding the appeal. The case is straightforward and plain, and the conclusions and results are clear. I am afraid the appeal must be dismissed.
(J. Chan)
Judge of the High Court
Representation:
Mr Chan Heung Ming, representing the Appellant/Claimant appearing in person
Mr Wu Ka Keung Francis, representing the Respondent/Defendant appearing in person
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