YIP LAI HEUNG v. 伍炳榮 AND OTHERS

YIP LAI HEUNG v. 伍炳榮 AND OTHERS

The summons to strike out was dismissed because the Amended Application disclosed a statutory cause of action within the employees compensation regime, the proviso (b) exclusion was not pleaded and therefore could not be resolved on strike out, and disputed factual matters including credibility must be tried rather than determined at interlocutory stage.

Citation
[2019] HKDC 789
Parties
Applicant: Applicant; 1st Respondent: 1st respondent; 2nd Respondent: 2nd respondent; 3rd Respondent: 3rd respondent; 4th Respondent: 4th respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 June 2019
Case Number
DCEC1252/2016
Procedural Posture
Employees Compensation Claim / Interlocutory Striking Out Hearing (o 18 R 19)
Outcome
Summons to strike out dismissed
Legal Topics
Strike Out, Joinder, Definition of Employee (proviso), Cause of Action, Abuse of Process, Limitation (time Bar)
Source Language
EN
Employment Law Personal Injury Civil Procedure Statutory Compensation Strike Out Joinder Definition of Employee (proviso) Cause of Action +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Applicant

Applicant

1st respondent

1st Respondent

2nd respondent

2nd Respondent

3rd respondent

3rd Respondent

4th respondent

4th Respondent

Procedural Posture

Employees Compensation Claim / Interlocutory Striking Out Hearing (o 18 R 19)

Legal Issues

  1. 1 Whether the claim discloses a reasonable cause of action against R3 and R4
  2. 2 Whether the claim is time-barred
  3. 3 Whether the claim is frivolous, vexatious or an abuse of process

Ratio Decidendi

The summons to strike out was dismissed because the Amended Application disclosed a statutory cause of action within the employees compensation regime, the proviso (b) exclusion was not pleaded and therefore could not be resolved on strike out, and disputed factual matters including credibility must be tried rather than determined at interlocutory stage.

Court Disposition

Summons to strike out dismissed

Orders

  • Summons dismissed