LAU SIU MING v. HUNG FAT CLEANING TRANSPORTAION CO LTD AND OTHERS

LAU SIU MING v. HUNG FAT CLEANING TRANSPORTAION CO LTD AND OTHERS

The court accepted the plaintiff lacked actual knowledge of the driver and his employer until 1 September 2015 and was not shown to have constructive knowledge on or before 10 December 2012; accordingly the claim against the Intended 5th and 6th Defendants was within time. Alternatively, the court exercised its discretion under s30 to disapply the limitation period and granted leave to join the defendants.

Citation
LAU SIU MING v. HUNG FAT CLEANING TRANSPORTAION CO LTD AND OTHERS
Parties
Applicant / Plaintiff: LAU SIU MING; 1st Defendant: HUNG FAT CLEANING TRANSPORTAION COMPANY LIMITED; 2nd Defendant: DHL AVIATION (HONG KONG) LIMITED; 3rd Defendant: DHL EXPRESS (HONG KONG) LIMITED; 4th Defendant: DHL GLOBAL FORWARDING (HONG KONG) LIMITED; Intended 5th Defendant: HO KA CHUN; Intended 6th Defendant: A & S (HK) LOGISTICS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 June 2016
Case Number
DCPI377/2015
Procedural Posture
Personal Injuries Action / Interlocutory Application to Join Additional Defendants and to Disapply Limitation Period Under S30
Outcome
Application granted: leave to join Intended 5th and 6th Defendants; limitation disapplied under s30; costs ordered in the cause (order nisi).
Legal Topics
Limitation Ordinance S27 S30, Actual and Constructive Knowledge, Burden of Proof for Knowledge, Discretionary Extension of Limitation, Leave to Join Defendants
Source Language
EN
Limitation Law Personal Injury Civil Procedure Employment Law Joinder of Parties Limitation Ordinance S27 S30 Actual and Constructive Knowledge Burden of Proof for Knowledge +2 more

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Parties

LAU SIU MING

Applicant / Plaintiff

HUNG FAT CLEANING TRANSPORTAION COMPANY LIMITED

1st Defendant

DHL AVIATION (HONG KONG) LIMITED

2nd Defendant

DHL EXPRESS (HONG KONG) LIMITED

3rd Defendant

DHL GLOBAL FORWARDING (HONG KONG) LIMITED

4th Defendant

HO KA CHUN

Intended 5th Defendant

A & S (HK) LOGISTICS LIMITED

Intended 6th Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Application to Join Additional Defendants and to Disapply Limitation Period Under S30

Legal Issues

  1. 1 Whether claim against Intended 5th and 6th Defendants is time-barred under the Limitation Ordinance
  2. 2 Whether plaintiff had actual or constructive knowledge of the driver and employer within the secondary limitation period
  3. 3 Whether the court should exercise its discretion under s30 to disapply the limitation period and permit joinder

Ratio Decidendi

The court accepted the plaintiff lacked actual knowledge of the driver and his employer until 1 September 2015 and was not shown to have constructive knowledge on or before 10 December 2012; accordingly the claim against the Intended 5th and 6th Defendants was within time. Alternatively, the court exercised its discretion under s30 to disapply the limitation period and granted leave to join the defendants.

Court Disposition

Application granted: leave to join Intended 5th and 6th Defendants; limitation disapplied under s30; costs ordered in the cause (order nisi).

Orders

  • Plaintiff granted leave to join Ho Ka Chun and A & S (HK) Logistics Limited as 5th and 6th Defendants.
  • Pursuant to section 30 Limitation Ordinance Cap 347 the time limit for the Plaintiff to commence the present action against the 5th and 6th Defendants is disapplied.