XCHRX CHAN YAU SHING, ANTONY v. WONG KWAN WA

HCSA4/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

SMALL CLAIMS TRIBUNAL APPEAL NO. HCSA4 of 1998

(On Appeal from Small Claims Tribunal Claim No.35762 of 1997)

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D E C I S I O N

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1. The Applicant applied for leave to appeal against the decision of the Tribunal below against the findings for the Claimant by the Adjudicator.

2. The Adjudicator accepted the Claimant's claim as landlord for arrears of rental for the month of October 1997. The Applicant's case was rejected in that :-

(i) there was no misrepresentation that the property should include the exclusive use of the garden;

(ii) the meeting on 30 October 1997 was for the surrender of tenancy and the property was repossessed by the landlord Claimant.

3. The learned Adjudicator is perfectly entitled to make those findings of facts as he did. Under s.28 of the Small Claims Tribunal Ordinance, Cap.338, any party who is aggrieved by the decision of the Tribunal may only apply to the High Court for leave to appeal on any ground involving a question of law alone or on the ground that the claim was outside the jurisdiction of the Tribunal.

4. There is no question of law arising on this appeal. The Applicant submitted extensive arguments on questions of facts and credibility only. Accordingly, this application for leave to appeal must be dismissed.

(D. Yam)

Judge of the Court of First Instance,
High Court