FUNG SOOK HING v. LEUNG TSE WING t/a WING KEE

FUNG SOOK HING v. LEUNG TSE WING t/a WING KEE

Given the novelty and importance of disclosure and admissibility issues around social investigation reports in employees' compensation cases, the court exercised its exceptional power to extend time, grant leave to appeal and to permit parties access to the report pending the appeal to ensure fairness and enable an expedited appellate review of the practice.

Citation
FUNG SOOK HING v. LEUNG TSE WING t/a WING KEE
Parties
Respondent (appellant): FUNG SOOK HING; Appellant (respondent): LEUNG TSE WING trading as WING KEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 January 1989
Case Number
HCMP2567/1988
Procedural Posture
Miscellaneous Proceedings / Originating Motion for Leave to Appeal (extension of Time and Directions)
Outcome
Extension of time granted; leave to appeal granted; order for release of social investigation report pending appeal; directions for service and expedited hearing; costs to be costs in the appeal.
Legal Topics
Employees' Compensation Ordinance S6, Social Investigation Reports, Disclosure, Admissibility of Hearsay, Leave to Appeal, Extension of Time, Stay of Proceedings
Source Language
EN
Employment Law Workers' Compensation Civil Procedure Evidence Employees' Compensation Ordinance S6 Social Investigation Reports Disclosure Admissibility of Hearsay +3 more

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Parties

FUNG SOOK HING

Respondent (appellant)

LEUNG TSE WING trading as WING KEE

Appellant (respondent)

Procedural Posture

Miscellaneous Proceedings / Originating Motion for Leave to Appeal (extension of Time and Directions)

Legal Issues

  1. 1 Whether social investigation reports in employees' compensation proceedings must be disclosed to parties and can be used by the court without disclosure
  2. 2 Whether to extend time and grant leave to appeal under Rules of the Supreme Court O.59 r.14(4)
  3. 3 Whether proceedings below should be stayed pending determination of the appeal

Ratio Decidendi

Given the novelty and importance of disclosure and admissibility issues around social investigation reports in employees' compensation cases, the court exercised its exceptional power to extend time, grant leave to appeal and to permit parties access to the report pending the appeal to ensure fairness and enable an expedited appellate review of the practice.

Court Disposition

Extension of time granted; leave to appeal granted; order for release of social investigation report pending appeal; directions for service and expedited hearing; costs to be costs in the appeal.

Orders

  • Time for filing application extended
  • Leave to appeal granted from order dated 26 October 1988