TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD

TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD

Section 44A creates a mandatory obligation to produce the insurance policy within 10 days of written request; the respondent's late production after the summons did not render the summons unjustified and enforcement within the existing employees compensation proceedings was appropriate; therefore no order on substantive paragraph 1 (overtaken by event) but orders in terms of paragraphs 2 and 3 and costs awarded.

Citation
TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 October 2005
Case Number
DCEC996/2005
Procedural Posture
Employees Compensation Ordinance Production of Insurance Policy / Hearing on Summons for Production of Insurance Policy and Costs
Outcome
No order on paragraph 1 of the summons (substantive relief overtaken); order granted in terms of paragraphs 2 and 3 of the summons; costs assessed at $8,000.
Legal Topics
Section 44 a Employees Compensation Ordinance, Production of Documents, Costs, Unless Order, Discovery
Source Language
EN
Employment Law Insurance Law Civil Procedure Section 44 a Employees Compensation Ordinance Production of Documents Costs Unless Order Discovery

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Ordinance Production of Insurance Policy / Hearing on Summons for Production of Insurance Policy and Costs

Legal Issues

  1. 1 Whether the summons was unnecessary given respondent's letter of 28 September
  2. 2 Whether the application amounted to discovery requiring relevancy to be shown
  3. 3 Whether an unless order was appropriate

Ratio Decidendi

Section 44A creates a mandatory obligation to produce the insurance policy within 10 days of written request; the respondent's late production after the summons did not render the summons unjustified and enforcement within the existing employees compensation proceedings was appropriate; therefore no order on substantive paragraph 1 (overtaken by event) but orders in terms of paragraphs 2 and 3 and costs awarded.

Court Disposition

No order on paragraph 1 of the summons (substantive relief overtaken); order granted in terms of paragraphs 2 and 3 of the summons; costs assessed at $8,000.

Orders

  • No order on paragraph 1 of the summons
  • Order in terms of paragraphs 2 and 3 of the summons