CHENG KWOK CHUNG AND OTHERS v. TRI TECH CORPORATION LTD AND ANOTHER

CHENG KWOK CHUNG AND OTHERS v. TRI TECH CORPORATION LTD AND ANOTHER

The application for leave to appeal is dismissed: a consent order reflecting a negotiated settlement cannot be set aside merely because one party relied on an erroneous preliminary view expressed during mediation; absent grounds to vitiate the underlying contract or a demonstrable point of law the order stands.

Citation
CHENG KWOK CHUNG AND OTHERS v. TRI TECH CORPORATION LTD AND ANOTHER
Parties
Claimants/respondents: Cheng Kwok Chung & 10 Others; 1st Defendant/appellant: Tri Tech Corporation Limited; 2nd Defendant: Yau Wai Sham t/a Fu Hong Engineering Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2013
Case Number
HCLA2/2013
Procedural Posture
Appeal From Labour Tribunal (leave to Appeal Application) / Application for Leave to Appeal (judgment)
Outcome
Application dismissed (leave to appeal refused)
Legal Topics
Consent Order, Settlement, Leave to Appeal, Principal Contractor Liability, Mistake, Mediation
Source Language
EN
Labour Law Contract Civil Procedure Appeal Consent Order Settlement Leave to Appeal Principal Contractor Liability +2 more

Case Brief

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Parties

Cheng Kwok Chung & 10 Others

Claimants/respondents

Tri Tech Corporation Limited

1st Defendant/appellant

Yau Wai Sham t/a Fu Hong Engineering Co.

2nd Defendant

Procedural Posture

Appeal From Labour Tribunal (leave to Appeal Application) / Application for Leave to Appeal (judgment)

Legal Issues

  1. 1 Whether a consent order embodying a settlement can be set aside
  2. 2 Whether an erroneous opinion expressed by a presiding officer during mediation can render the consent order erroneous in law
  3. 3 Whether Tri Tech's claimed mistake regarding principal contractor status justifies reopening the settlement

Ratio Decidendi

The application for leave to appeal is dismissed: a consent order reflecting a negotiated settlement cannot be set aside merely because one party relied on an erroneous preliminary view expressed during mediation; absent grounds to vitiate the underlying contract or a demonstrable point of law the order stands.

Court Disposition

Application dismissed (leave to appeal refused)

Orders

  • Application for leave to appeal dismissed