LAW WAI MING v. WM HOWELLS (ASSESSORS) LTD AND ANOTHER

LAW WAI MING v. WM HOWELLS (ASSESSORS) LTD AND ANOTHER

Breaches of natural justice and complaints about evidential procedures in the Labour Tribunal do not found a right of appeal under s.32(1); however, joinder of the 2nd Defendant more than six months after the cause of action potentially ousts the tribunal's jurisdiction under s.9(1), and limited leave to appeal on that jurisdictional point is warranted for the 2nd Defendant, while leave is refused for the 1st Defendant.

Citation
LAW WAI MING v. WM HOWELLS (ASSESSORS) LTD AND ANOTHER
Parties
Claimant: Law Wai Ming; 1st Defendant/applicant: WM Howells (Assessors) Ltd.; 2nd Defendant/applicant: Security Analysts Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 October 1978
Case Number
DCMP151/1978
Procedural Posture
Application for Leave to Appeal From Labour Tribunal Decision / In Chambers Application for Leave to Appeal in the District Court
Outcome
Leave to appeal refused for the 1st Defendant; limited leave to appeal granted to the 2nd Defendant on the question of jurisdiction under s.9(1) (six‑month limitation)
Legal Topics
Joinder, Limitation Period, Jurisdiction, Natural Justice, Leave to Appeal, Certiorari
Source Language
EN
Employment/labour Law Administrative Law Civil Procedure Joinder Limitation Period Jurisdiction Natural Justice Leave to Appeal +1 more

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Parties

Law Wai Ming

Claimant

WM Howells (Assessors) Ltd.

1st Defendant/applicant

Security Analysts Ltd.

2nd Defendant/applicant

Procedural Posture

Application for Leave to Appeal From Labour Tribunal Decision / In Chambers Application for Leave to Appeal in the District Court

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the Labour Tribunal had jurisdiction to adjudicate a claim against a party joined more than six months after the cause of action (s.9(1))
  3. 3 Whether alleged breaches of natural justice or rules of evidence in the Labour Tribunal are appealable under s.32(1)

Ratio Decidendi

Breaches of natural justice and complaints about evidential procedures in the Labour Tribunal do not found a right of appeal under s.32(1); however, joinder of the 2nd Defendant more than six months after the cause of action potentially ousts the tribunal's jurisdiction under s.9(1), and limited leave to appeal on that jurisdictional point is warranted for the 2nd Defendant, while leave is refused for the 1st Defendant.

Court Disposition

Leave to appeal refused for the 1st Defendant; limited leave to appeal granted to the 2nd Defendant on the question of jurisdiction under s.9(1) (six‑month limitation)

Orders

  • Application for leave to appeal by 1st Defendant refused
  • Application for leave to appeal by 2nd Defendant allowed limited to the issue of whether the Labour Tribunal had jurisdiction to entertain the claim against the 2nd Defendant joined more than six months after accrual of the cause of action