GURDIAL SINGH v. YAT FAI CONSTRUCTION AND ENGINEERING CO LTD AND OTHERS

GURDIAL SINGH v. YAT FAI CONSTRUCTION AND ENGINEERING CO LTD AND OTHERS

Because the Form 7 assessment and medical receipts were undisputed and the applicant filed no opposing evidence, the court accepted the respondents' calculation that no further compensation was payable and dismissed the applicant's employees' compensation application; the court also held it had no jurisdiction in...

Source-derived case information.

Citation
GURDIAL SINGH v. YAT FAI CONSTRUCTION AND ENGINEERING CO LTD AND OTHERS
Parties
Applicant: Gurdial Singh; 1st Respondent: Yat Fai Construction and Engineering Company Limited; 2nd Respondent: Y.G. Construction Limited; 3rd Respondent: Chun Wo - U‑Tech Joint Venture
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 July 2009
Case Number
DCEC518/2007
Procedural Posture
Employees' Compensation / Resumed Hearing on Respondents' Application to Strike Out (decision Dated 30 July 2009)
Outcome
Applicant's employees' compensation application dismissed (strike out upheld)
Legal Topics
Strike Out Application, Quantum Calculation of Compensation, Jurisdiction to Order Repayment, Binding Effect of Form 7 Assessment
Source Language
en
Employment Law Workers' Compensation Civil Procedure Strike Out Application Quantum Calculation of Compensation Jurisdiction to Order Repayment Binding Effect of Form 7 Assessment

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Summary, issues, holding and outcome

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Parties

Gurdial Singh

Applicant

Yat Fai Construction and Engineering Company Limited

1st Respondent

Y.G. Construction Limited

2nd Respondent

Chun Wo - U‑Tech Joint Venture

3rd Respondent

Procedural Posture

Employees' Compensation / Resumed Hearing on Respondents' Application to Strike Out (decision Dated 30 July 2009)

Legal Issues

  1. 1 Whether the applicant's claim could exceed amounts already paid by respondents
  2. 2 Whether the court should strike out the applicant's employees' compensation application
  3. 3 Whether the District Court has jurisdiction to order repayment of an alleged overpayment (money had and received)

Ratio Decidendi

Because the Form 7 assessment and medical receipts were undisputed and the applicant filed no opposing evidence, the court accepted the respondents' calculation that no further compensation was payable and dismissed the applicant's employees' compensation application; the court also held it had no jurisdiction in that proceeding to adjudicate a separate claim for repayment of overpayment, which must be brought as a civil claim.

Court Disposition

Applicant's employees' compensation application dismissed (strike out upheld)

Orders

  • Applicant's Application dismissed
  • No order for repayment of overpayment made in this proceeding; respondents must pursue any recovery by separate civil proceedings (writ) or in the Small Claims Tribunal if appropriate