CHEUK CHOI HUNG v. TUNG WAH GROUP OF HOSPITALS

CHEUK CHOI HUNG v. TUNG WAH GROUP OF HOSPITALS

The court refused to exercise its discretion to extend time because the applicant failed to provide a reasonable and credible excuse for the one year and 25 days delay, produced no evidential basis for the merits of the intended appeal (no medical reports supporting additional sick leave), and the respondent would be prejudiced by the delay; accordingly the Appeal Summons and related Adjournment Summons were dismissed.

Citation
[2020] HKDC 372
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2020
Case Number
DCEC2403/2018
Procedural Posture
Employees Compensation Assessment of Compensation / Application for Extension of Time to File Appeal (appeal Summons) and Adjournment Summons
Outcome
Appeal Summons dismissed; Adjournment Summons dismissed; leave to appeal out of time refused
Legal Topics
Extension of Time, Appeal Against Form 7 Assessment, Assessment of Compensation, Prejudice From Delay, Rebuttable Presumption of Medical Certificates
Source Language
EN
Employment Law Workers' Compensation Civil Procedure Extension of Time Appeal Against Form 7 Assessment Assessment of Compensation Prejudice From Delay Rebuttable Presumption of Medical Certificates

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Assessment of Compensation / Application for Extension of Time to File Appeal (appeal Summons) and Adjournment Summons

Legal Issues

  1. 1 Whether to extend time to file appeal out of time against Form 7 under s.18(2) ECO
  2. 2 Whether applicant provided reasonable excuse for delay
  3. 3 Whether the intended appeal has sufficient merits

Ratio Decidendi

The court refused to exercise its discretion to extend time because the applicant failed to provide a reasonable and credible excuse for the one year and 25 days delay, produced no evidential basis for the merits of the intended appeal (no medical reports supporting additional sick leave), and the respondent would be prejudiced by the delay; accordingly the Appeal Summons and related Adjournment Summons were dismissed.

Court Disposition

Appeal Summons dismissed; Adjournment Summons dismissed; leave to appeal out of time refused

Orders

  • The Adjournment Summons and the Appeal Summons are dismissed.
  • There be a costs order nisi that the costs of the two summonses are to be paid by the applicant to the respondent, to be taxed if not agreed.