余琼珠 對 牛奶有限公司 t/a 7 ELEVEN FOOD STORE

余琼珠 對 牛奶有限公司 t/a 7 ELEVEN FOOD STORE

The court refused to exercise its discretion under s14(4) because the 25-month delay was lengthy, the applicant failed to provide any reasonable explanation for the delay, had sufficient education and litigation experience to pursue the claim earlier, the injury and compensation paid were minimal, and there was no...

Source-derived case information.

Citation
[2018] HKDC 710
Parties
Applicant: 余琼珠; Respondent: THE DAIRY FARM COMPANY LIMITED trading as 7-ELEVEN FOOD STORE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 June 2018
Case Number
DCEC843/2017
Procedural Posture
Employees' Compensation / Application to Strike Out Under Limitation Provisons
Outcome
Applicant's compensation claim struck out; respondent's application granted.
Legal Topics
Limitation Period, Discretionary Extension of Time, Strike Out, Costs
Source Language
ch
Employment Law Workers' Compensation Limitation of Actions Civil Procedure Limitation Period Discretionary Extension of Time Strike Out Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

余琼珠

Applicant

THE DAIRY FARM COMPANY LIMITED trading as 7-ELEVEN FOOD STORE

Respondent

Procedural Posture

Employees' Compensation / Application to Strike Out Under Limitation Provisons

  1. 1 Whether the Employee's Compensation Ordinance s14(1) time limit barred the claim
  2. 2 Whether the court should exercise its discretion under s14(4) to accept the late claim

Ratio Decidendi

The court refused to exercise its discretion under s14(4) because the 25-month delay was lengthy, the applicant failed to provide any reasonable explanation for the delay, had sufficient education and litigation experience to pursue the claim earlier, the injury and compensation paid were minimal, and there was no evidence of respondent misconduct that caused the delay; accordingly the claimant's compensation claim is struck out.

Court Disposition

Applicant's compensation claim struck out; respondent's application granted.

Orders

  • Applicant's compensation claim is struck out.
  • Applicant to pay respondent's costs of the strike out application.