MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS AND ANOTHER

MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS AND ANOTHER

Leave to appeal out of time was refused because the applicant failed to establish arguable grounds of appeal, had been in serious and unjustified delay in applying for leave, and the appeal was rendered academic by the applicant having accepted and received the award under the Decision.

Citation
MAN KING SING v. CHAN SHUN ON t/a FORTUNATE PRINTERS AND ANOTHER
Parties
Appellant (8th Claimant): Man King Sing; 1st Respondent / 1st Defendant: Chan Shun On trading as Fortunate Printers; 2nd Respondent / 2nd Defendant: Fortunate Printers Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 March 2011
Case Number
HCLA1/2011
Procedural Posture
Labour Tribunal Appeal (court of First Instance) / Application for Leave to Appeal Out of Time (judgment Delivered)
Outcome
Application for leave to appeal out of time refused.
Legal Topics
Employer Identification, Leave to Appeal, Res Judicata, Transfer of Employment, Labour Tribunal Procedure, Section 20 Labour Tribunal Ordinance
Source Language
EN
Employment Law Civil Procedure Administrative Law Employer Identification Leave to Appeal Res Judicata Transfer of Employment Labour Tribunal Procedure +1 more

Case Brief

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Parties

Man King Sing

Appellant (8th Claimant)

Chan Shun On trading as Fortunate Printers

1st Respondent / 1st Defendant

Fortunate Printers Limited

2nd Respondent / 2nd Defendant

Procedural Posture

Labour Tribunal Appeal (court of First Instance) / Application for Leave to Appeal Out of Time (judgment Delivered)

Legal Issues

  1. 1 Who was the employer of the claimant for the period 2007–2008 and on the dates of the accidents in 2008
  2. 2 Whether the Presiding Officer breached his duty under section 20 of the Labour Tribunal Ordinance to investigate the employer issue
  3. 3 Whether there were arguable grounds of appeal in law

Ratio Decidendi

Leave to appeal out of time was refused because the applicant failed to establish arguable grounds of appeal, had been in serious and unjustified delay in applying for leave, and the appeal was rendered academic by the applicant having accepted and received the award under the Decision.

Court Disposition

Application for leave to appeal out of time refused.

Orders

  • Application for leave to appeal out of time refused.