ALCANTARA, EVELYN RUEME v. NGAI CHAU KAM ROSITA

ALCANTARA, EVELYN RUEME v. NGAI CHAU KAM ROSITA

The application for leave to appeal is refused because the award was an order by consent based on a performed settlement agreement and the applicant failed to demonstrate any reasonably arguable question of law or that the claims were outside the Board's jurisdiction under s31(1); alleged remarks by the Adjudicator,...

Source-derived case information.

Citation
ALCANTARA, EVELYN RUEME v. NGAI CHAU KAM ROSITA
Parties
Claimant/ Defendant (respondent): ALCANTARA, EVELYN RUEME; Defendant/ Claimant (applicant): NGAI CHAU KAM ROSITA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2011
Case Number
HCME14/2010
Procedural Posture
Minor Employment Claims Appeal (appeal From Minor Employment Claims Adjudication Board) / Application for Leave to Appeal (decision on Leave)
Outcome
Leave to appeal refused.
Legal Topics
Domestic Helper, Settlement Agreement, Award by Consent, Leave to Appeal, Jurisdiction
Source Language
en
Employment Law Administrative Law Contract Law Domestic Helper Settlement Agreement Award by Consent Leave to Appeal Jurisdiction

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Parties

ALCANTARA, EVELYN RUEME

Claimant/ Defendant (respondent)

NGAI CHAU KAM ROSITA

Defendant/ Claimant (applicant)

Procedural Posture

Minor Employment Claims Appeal (appeal From Minor Employment Claims Adjudication Board) / Application for Leave to Appeal (decision on Leave)

Legal Issues

  1. 1 Whether leave to appeal should be granted under s31(1) of Cap.453
  2. 2 Whether an award by consent can be set aside for alleged improper conduct or misunderstanding by the Adjudicator
  3. 3 Whether the claim was outside the jurisdiction of the Board

Ratio Decidendi

The application for leave to appeal is refused because the award was an order by consent based on a performed settlement agreement and the applicant failed to demonstrate any reasonably arguable question of law or that the claims were outside the Board's jurisdiction under s31(1); alleged remarks by the Adjudicator, even if made, did not invalidate the consensual compromise.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal refused.