YU NONGXIAN v. NG KA WING AND ANOTHER

YU NONGXIAN v. NG KA WING AND ANOTHER

Leave to the Court of Final Appeal was refused because the issues raised did not involve questions of great general or public importance, the Bird v Keep point was not determinative or reasonably arguable, and, exercising the Court's discretion, further delay would be unduly harsh to the applicant given the age of...

Source-derived case information.

Citation
YU NONGXIAN v. NG KA WING AND ANOTHER
Parties
Applicant (representing Family of Liu Hon Keung, Deceased): Yu Nongxian; 2nd Respondent (name Not Stated): 2nd Respondent; 1st Respondent (name Not Stated): 1st Respondent
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 November 2007
Case Number
CACV270/2006
Procedural Posture
Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave to Appeal to the Court of Final Appeal Following Court of Appeal Decision on Exercise of Discretion Under Employees Compensation Ordinance S.2(2)
Outcome
2nd respondent's application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Employees Compensation Ordinance S.2(2) Discretion, Treatment of Illegal Contracts for Compensation Purposes, Leave to Appeal to Court of Final Appeal, Bird V Keep Precedent
Source Language
en
Employment Law Compensation Law Public Policy Civil Procedure Employees Compensation Ordinance S.2(2) Discretion Treatment of Illegal Contracts for Compensation Purposes Leave to Appeal to Court of Final Appeal Bird V Keep Precedent

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Parties

Yu Nongxian

Applicant (representing Family of Liu Hon Keung, Deceased)

2nd Respondent

2nd Respondent (name Not Stated)

1st Respondent

1st Respondent (name Not Stated)

Procedural Posture

Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave to Appeal to the Court of Final Appeal Following Court of Appeal Decision on Exercise of Discretion Under Employees Compensation Ordinance S.2(2)

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 2(2) of the Employees Compensation Ordinance to treat an illegal contract as valid for compensation purposes
  2. 2 Whether public policy requires refusal of relief where the employer is uninsured and impecunious
  3. 3 Whether the case raises questions of great general or public importance warranting leave to appeal to the Court of Final Appeal

Ratio Decidendi

Leave to the Court of Final Appeal was refused because the issues raised did not involve questions of great general or public importance, the Bird v Keep point was not determinative or reasonably arguable, and, exercising the Court's discretion, further delay would be unduly harsh to the applicant given the age of the claim, the modest compensation sum, and the 2nd respondent's inability to give undertakings.

Court Disposition

2nd respondent's application for leave to appeal to the Court of Final Appeal refused

Orders

  • Application for leave to appeal to the Court of Final Appeal refused with costs
  • Applicant's own costs to be taxed in accordance with the Legal Aid Regulations