TSE TSZ CHONG v. LAW SZE MAN

TSE TSZ CHONG v. LAW SZE MAN

Leave to appeal refused because applicant failed to show on the balance of probabilities that she is likely to obtain substantial damages; the 439 days of sick leave lack sufficient objective support and expert/Board confirmation, making the $80,000 interim payment sought likely to risk overpayment; $20,000 was a reasonable interim award.

Citation
TSE TSZ CHONG v. LAW SZE MAN
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 November 2014
Case Number
DCEC619/2014
Procedural Posture
Interim Payment Application / Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Interim Payment, Leave to Appeal, Estimation of Damages, Sick Leave, Post Concussion Syndrome, Employees Compensation Ordinance S.10(2)
Source Language
EN
Civil Procedure Personal Injury Employment/workers' Compensation District Court Practice Interim Payment Leave to Appeal Estimation of Damages Sick Leave +2 more

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Interim Payment Application / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Proper test for ordering interim payment (likelihood of success and substantial damages)
  3. 3 Weight to be given to multiple sick leave certificates totaling 439 days

Ratio Decidendi

Leave to appeal refused because applicant failed to show on the balance of probabilities that she is likely to obtain substantial damages; the 439 days of sick leave lack sufficient objective support and expert/Board confirmation, making the $80,000 interim payment sought likely to risk overpayment; $20,000 was a reasonable interim award.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Costs of this application to the respondent, to be taxed if not agreed, with certificate for counsel