KU MUI YING for herself and on behalf of the members of the family of YUEN CHU WING, deceased v. W. HING CONSTRUCTION CO LTD AND OTHERS

KU MUI YING for herself and on behalf of the members of the family of YUEN CHU WING, deceased v. W. HING CONSTRUCTION CO LTD AND OTHERS

Considering the applicant's limited education and background, the protracted and complex investigation, communications from the insurer/adjuster and Labour Department that conveyed the importance of a Coroner's decision and suggested ongoing handling, the abrupt adverse change in position communicated close to the...

Source-derived case information.

Citation
[2021] HKDC 830
Parties
Applicant (widow, Representative of Deceased's Family): Ku Mui Ying (古玫英); 1st Respondent Principal Contractor: W. Hing Construction Company Limited; 2nd Respondent Subcontractor (alleged Employer): Suen Tat Metal Machine Factory Limited; 3rd Respondent Subcontractor (claimed Employer): Wai Leung Fire Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 July 2021
Case Number
DCEC2360/2020
Procedural Posture
Employees' Compensation / Application for Leave to File Out of Time Under Section 14(4) ECO (interlocutory Decision)
Outcome
Application allowed; leave granted to file employees' compensation claim out of time under s14(4) ECO
Legal Topics
Limitation and Extension of Time, Employees' Compensation Ordinance S14(4) Reasonable Excuse, Causation: Arising Out of and in the Course of Employment, Leave to File Out of Time, Costs Orders
Source Language
en
Employment/workers' Compensation Civil Procedure Personal Injury Limitation and Extension of Time Employees' Compensation Ordinance S14(4) Reasonable Excuse Causation: Arising Out of and in the Course of Employment Leave to File Out of Time Costs Orders

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Parties

Ku Mui Ying (古玫英)

Applicant (widow, Representative of Deceased's Family)

W. Hing Construction Company Limited

1st Respondent Principal Contractor

Suen Tat Metal Machine Factory Limited

2nd Respondent Subcontractor (alleged Employer)

Wai Leung Fire Engineering Limited

3rd Respondent Subcontractor (claimed Employer)

Procedural Posture

Employees' Compensation / Application for Leave to File Out of Time Under Section 14(4) ECO (interlocutory Decision)

Legal Issues

  1. 1 Whether the applicant has a reasonable excuse under section 14(4) ECO to file an employees' compensation claim out of time
  2. 2 Whether the applicant's delay was of short duration and promptly remediated by seeking legal aid
  3. 3 Whether the claim has some prospect of success such that leave should be granted despite evidential difficulties

Ratio Decidendi

Considering the applicant's limited education and background, the protracted and complex investigation, communications from the insurer/adjuster and Labour Department that conveyed the importance of a Coroner's decision and suggested ongoing handling, the abrupt adverse change in position communicated close to the 24‑month deadline, the short period of delay (about one to one and a half months), the applicant's prompt application for legal aid and lack of specific prejudice to respondents, the court concluded there was a reasonable excuse under s14(4) ECO and granted leave to file the employees' compensation application out of time.

Court Disposition

Application allowed; leave granted to file employees' compensation claim out of time under s14(4) ECO

Orders

  • Leave granted to applicant to file an employees' compensation application out of time
  • Costs of making this application to follow the event of the substantive compensation application, with certificate for counsel; order nisi to become absolute in 14 days unless varied