Chui Chi Yue v. A.S. Watson & Co Ltd.

Chui Chi Yue v. A.S. Watson & Co Ltd.

The application to extend time was refused because the applicant failed to demonstrate any reasonable excuse for a prolonged and unexplained delay of over a year beyond the statutory two-year period; given the Labour Department certificate and respondent payment, it was unjust to entertain the out-of-time claim.

Citation
Chui Chi Yue v. A.S. Watson & Co Ltd.
Parties
Applicant: Chui Chi-yue; Respondent: A.S. Watson & Co Ltd
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 February 2001
Case Number
DCEC724/2000
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance / Application for Leave to Bring Out of Time Claim; Ruling on Extension of Time
Outcome
Application to extend time refused; employees compensation application dismissed.
Legal Topics
Extension of Time, Limitation Period, Reasonable Excuse for Delay, Employees Compensation Ordinance Claims
Source Language
EN
Employment Law Civil Procedure Administrative Law Limitation Law Extension of Time Limitation Period Reasonable Excuse for Delay Employees Compensation Ordinance Claims

Case Brief

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Parties

Chui Chi-yue

Applicant

A.S. Watson & Co Ltd

Respondent

Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance / Application for Leave to Bring Out of Time Claim; Ruling on Extension of Time

Legal Issues

  1. 1 Whether to extend time to bring a claim under the Employees Compensation Ordinance
  2. 2 Whether the applicant has demonstrated a reasonable excuse for delay beyond the two-year limitation period

Ratio Decidendi

The application to extend time was refused because the applicant failed to demonstrate any reasonable excuse for a prolonged and unexplained delay of over a year beyond the statutory two-year period; given the Labour Department certificate and respondent payment, it was unjust to entertain the out-of-time claim.

Court Disposition

Application to extend time refused; employees compensation application dismissed.

Orders

  • Leave to bring the out-of-time Employees Compensation application refused and the application dismissed.
  • Costs awarded to the respondent.