徐偉金 對 荃灣大窩口新界南交通總部最高級指揮官

徐偉金 對 荃灣大窩口新界南交通總部最高級指揮官

The claim was struck out because the claimant was not employed by the respondent at the time of the alleged injury and the pleaded facts and admissions demonstrated the claim could not succeed under the employees' compensation scheme; accordingly the respondent's strike out application was allowed and costs awarded...

Source-derived case information.

Citation
[2018] HKDC 1544
Parties
Applicant: 徐偉金; Respondent: 荃灣大窩口新界南交通總部最高級指揮官
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 May 2018
Case Number
DCEC654/2018
Procedural Posture
Employees' Compensation / Application to Strike Out (hearing and Ruling)
Outcome
Application to strike out granted; claim dismissed.
Legal Topics
Employment Status, Jurisdictional Scope of Employees' Compensation, Strike Out of Claim, Costs
Source Language
ch
Employment Law Workers' Compensation Civil Procedure Employment Status Jurisdictional Scope of Employees' Compensation Strike Out of Claim 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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

徐偉金

Applicant

荃灣大窩口新界南交通總部最高級指揮官

Respondent

Procedural Posture

Employees' Compensation / Application to Strike Out (hearing and Ruling)

  1. 1 Whether the claimant was employed by the respondent at the time of the alleged injury
  2. 2 Whether the claim falls within the jurisdiction of Employees' Compensation
  3. 3 Whether the claim should be struck out as unsustainable

Ratio Decidendi

The claim was struck out because the claimant was not employed by the respondent at the time of the alleged injury and the pleaded facts and admissions demonstrated the claim could not succeed under the employees' compensation scheme; accordingly the respondent's strike out application was allowed and costs awarded to the respondent.

Court Disposition

Application to strike out granted; claim dismissed.

Orders

  • Strike out the applicant's claim pursuant to the respondent's summons (paragraphs 1 to 4 approved).
  • Applicant to pay respondent's costs of the application and the proceedings; if parties cannot agree, costs to be assessed by the court.