朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

The judge exercised discretion under Order 35(2) to continue the trial in the plaintiff's absence because the plaintiff voluntarily failed to attend after being warned that non‑attendance could lead to dismissal; the plaintiff's adjournment application lacked merit because judicial review was an inappropriate route...

Source-derived case information.

Citation
[2020] HKDC 516
Parties
Plaintiff: CHU CHOI KAM (朱賽金); Defendant: PIZZAEXPRESS (HONG KONG) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 July 2020
Case Number
DCPI2731/2018
Procedural Posture
Personal Injury (workplace Injury) / Trial (hearing Conducted; Judgment Delivered)
Outcome
Plaintiff's claim dismissed for want of prosecution (trial proceeded in plaintiff's absence)
Legal Topics
Workplace Repetitive Strain Injury, Adjournment Application, Proceedings in Absence, Costs and Taxation
Source Language
ch
Employment Law Personal Injury Civil Procedure Workplace Repetitive Strain Injury Adjournment Application Proceedings in Absence Costs and Taxation

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Parties

CHU CHOI KAM (朱賽金)

Plaintiff

PIZZAEXPRESS (HONG KONG) LIMITED

Defendant

Procedural Posture

Personal Injury (workplace Injury) / Trial (hearing Conducted; Judgment Delivered)

  1. 1 Whether the plaintiff's application to adjourn trial should be granted pending a separate judicial review/appeal
  2. 2 Whether the trial should proceed in the plaintiff's absence and whether the plaintiff's claim should be dismissed for non‑attendance
  3. 3 Entitlement of the defendant to costs following dismissal for want of prosecution

Ratio Decidendi

The judge exercised discretion under Order 35(2) to continue the trial in the plaintiff's absence because the plaintiff voluntarily failed to attend after being warned that non‑attendance could lead to dismissal; the plaintiff's adjournment application lacked merit because judicial review was an inappropriate route where statutory appeal existed; accordingly the claim was dismissed and costs ordered against the plaintiff.

Court Disposition

Plaintiff's claim dismissed for want of prosecution (trial proceeded in plaintiff's absence)

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff must pay the defendant's costs of the action (including all previously reserved costs) and the defendant's barrister's certificate.