NG CHIU WING v. YIP HOI CHING

NG CHIU WING v. YIP HOI CHING

The application to join an unidentifiable and unlocatable person (Mok Ying-lun) was refused because the applicant could not produce concrete information, address or contact details and the person may be fictitious; joinder will not be permitted unless and until the applicant obtains sufficient identifying and serviceable particulars. The availability of a quotation and an address for a proposed respondent (Mok Kam-lun) distinguished that party from the unlocatable person but no joinder of the unidentifiable person was allowed on the record.

Citation
NG CHIU WING v. YIP HOI CHING
Parties
Applicant: Applicant; Respondent: Mr Yip Hoi-ching; Proposed Respondent: Mok Ying-lun; Proposed Respondent: Mok Kam-lun (formerly trading as Design Co-operation)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 November 2008
Case Number
DCEC434/2008
Procedural Posture
Employees Compensation Application / Hearing in Chambers — Application to Join Further Respondents
Outcome
Application to join Mok Ying-lun refused; applicant may reapply if and when concrete identifying and serviceable information is obtained; matter as to Mok Kam-lun noted on record with evidence of a quotation and address but no joinder order recorded in the available text.
Legal Topics
Employees Compensation, Joinder of Parties, Service and Identification of Parties, Fictitious Persons
Source Language
EN
Employment Civil Procedure Administrative/tribunal Practice Employees Compensation Joinder of Parties Service and Identification of Parties Fictitious Persons

Case Brief

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Parties

Applicant

Applicant

Mr Yip Hoi-ching

Respondent

Mok Ying-lun

Proposed Respondent

Mok Kam-lun (formerly trading as Design Co-operation)

Proposed Respondent

Procedural Posture

Employees Compensation Application / Hearing in Chambers — Application to Join Further Respondents

Legal Issues

  1. 1 Whether an unidentifiable and unlocatable person can be joined as a respondent
  2. 2 Whether a party named only by another party and without address/contact can fairly be joined
  3. 3 What evidential threshold is required to justify joinder of additional respondents in employees compensation proceedings

Ratio Decidendi

The application to join an unidentifiable and unlocatable person (Mok Ying-lun) was refused because the applicant could not produce concrete information, address or contact details and the person may be fictitious; joinder will not be permitted unless and until the applicant obtains sufficient identifying and serviceable particulars. The availability of a quotation and an address for a proposed respondent (Mok Kam-lun) distinguished that party from the unlocatable person but no joinder of the unidentifiable person was allowed on the record.

Court Disposition

Application to join Mok Ying-lun refused; applicant may reapply if and when concrete identifying and serviceable information is obtained; matter as to Mok Kam-lun noted on record with evidence of a quotation and address but no joinder order recorded in the available text.

Orders

  • Joinder of Mok Ying-lun refused pending production of concrete identifying information and service details.
  • Applicant may renew application to join Mok Ying-lun upon obtaining concrete information enabling identification and service.