GILL AJMER SINGH v. WAH HING SCAFFOLDING ENGINEERING LTD AND ANOTHER

GILL AJMER SINGH v. WAH HING SCAFFOLDING ENGINEERING LTD AND ANOTHER

The claim is an abuse of process because it re-litigates issues already decided in the employee’s compensation proceedings; the alleged new medical evidence is not sufficiently probative of causation and pre-dated and was not adduced at the prior trial; the plaintiff's proper remedy was appeal which he failed to...

Source-derived case information.

Citation
GILL AJMER SINGH v. WAH HING SCAFFOLDING ENGINEERING LTD AND ANOTHER
Parties
Plaintiff: Gill Ajmer Singh; 1st Defendant: Wah Hing Scaffolding Engineering Limited; 2nd Defendant: Gammon Construction Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2015
Case Number
HCPI582/2011
Procedural Posture
Personal Injuries / Application to Strike Out Statement of Claim for Abuse of Process — Decision
Outcome
Statement of Claim struck out and claim dismissed against the 1st and 2nd defendants
Legal Topics
Abuse of Process, Res Judicata, Issue Estoppel, Expert Evidence, Security for Costs, Causation, Costs
Source Language
en
Personal Injury Civil Procedure Employment Compensation Evidence Negligence Abuse of Process Res Judicata Issue Estoppel +4 more

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Parties

Gill Ajmer Singh

Plaintiff

Wah Hing Scaffolding Engineering Limited

1st Defendant

Gammon Construction Limited

2nd Defendant

Procedural Posture

Personal Injuries / Application to Strike Out Statement of Claim for Abuse of Process — Decision

Legal Issues

  1. 1 Whether the High Court action is an abuse of process by re-litigating issues decided in prior employees' compensation proceedings
  2. 2 Whether the plaintiff's purported new medical evidence justifies reopening or leave to instruct new experts
  3. 3 Whether the correct remedy for challenging prior findings was appeal and whether failure to pursue appeal affects relief

Ratio Decidendi

The claim is an abuse of process because it re-litigates issues already decided in the employee’s compensation proceedings; the alleged new medical evidence is not sufficiently probative of causation and pre-dated and was not adduced at the prior trial; the plaintiff's proper remedy was appeal which he failed to pursue; therefore the Statement of Claim is struck out and costs are awarded to defendants.

Court Disposition

Statement of Claim struck out and claim dismissed against the 1st and 2nd defendants

Orders

  • The plaintiff's Statement of Claim be struck out and the plaintiff's claim against the 1st and 2nd defendants be dismissed accordingly
  • The plaintiff shall pay the costs of the 1st and 2nd defendants in this action including this application to be taxed if not agreed