LI ZHUOMAN v. EASY-ACCESS TRANSPORT SERVICES LTD

LI ZHUOMAN v. EASY-ACCESS TRANSPORT SERVICES LTD

Leave to appeal out of time was refused because the Form 9 review related to a different accident (the 2nd accident) than the sole cause of action properly pleaded in paragraph 1 of the Amended Application; the applicant had failed to properly plead the 2nd accident and would face a high hurdle to amend out of time; compensation pursuant to Form 6 for the 2nd accident had been fully paid and is conclusive absent timely statutory challenge; the intended appeal was therefore irrelevant, frivolous and devoid of merit and the applicant did not provide a good explanation for the delay.

Citation
LI ZHUOMAN v. EASY-ACCESS TRANSPORT SERVICES LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 December 2016
Case Number
DCEC2695/2015
Procedural Posture
Employees' Compensation Claim Application for Leave to Appeal Out of Time / District Court Judgment on Leave Application
Outcome
Leave to appeal out of time refused
Legal Topics
Employees' Compensation, Extension of Time for Appeal, Pleading Requirements in Form 1, Medical Assessment Board Certificates (form 7 and Form 9), Conclusive Effect of Form 6
Source Language
EN
Employment Law Civil Procedure Administrative Law Employees' Compensation Extension of Time for Appeal Pleading Requirements in Form 1 Medical Assessment Board Certificates (form 7 and Form 9) Conclusive Effect of Form 6

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees' Compensation Claim Application for Leave to Appeal Out of Time / District Court Judgment on Leave Application

Legal Issues

  1. 1 Whether leave to appeal out of time against a Form 9 certificate should be granted under s.18(2)
  2. 2 Whether the Form 9 review assessment was relevant to the pleaded cause of action
  3. 3 Whether the applicant validly pleaded multiple accidents in Form 1 (para 1 v para 3(3))

Ratio Decidendi

Leave to appeal out of time was refused because the Form 9 review related to a different accident (the 2nd accident) than the sole cause of action properly pleaded in paragraph 1 of the Amended Application; the applicant had failed to properly plead the 2nd accident and would face a high hurdle to amend out of time; compensation pursuant to Form 6 for the 2nd accident had been fully paid and is conclusive absent timely statutory challenge; the intended appeal was therefore irrelevant, frivolous and devoid of merit and the applicant did not provide a good explanation for the delay.

Court Disposition

Leave to appeal out of time refused

Orders

  • Leave to appeal out of time refused
  • Costs to respondent on party-and-party basis together with certificate for one counsel, to be taxed if not agreed