HO SHUI TAK v. WAN KEI GEOTECHNICAL ENGINEERING CO LTD AND OTHERS

HO SHUI TAK v. WAN KEI GEOTECHNICAL ENGINEERING CO LTD AND OTHERS

The court held that the Commissioner had power to issue the Form 6 review certificate and the applicant was within the six-month limit to seek cancellation under s16B; the 24-month limit in s14/s16A(1A) does not prevent reviews of assessments once the administrative route was validly commenced within two years, and...

Source-derived case information.

Citation
HO SHUI TAK v. WAN KEI GEOTECHNICAL ENGINEERING CO LTD AND OTHERS
Parties
Applicant: HO SHUI TAK; 1st Respondent: WAN KEI GEOTECHNICAL ENGINEERING COMPANY LIMITED; 2nd Respondent: PAUL Y. FOUNDATION LIMITED; 3rd Respondent: PAUL Y. ITC CONSTRUCTION LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 April 2003
Case Number
DCEC8/2003
Procedural Posture
Employees Compensation / Ruling (district Court, in Chambers)
Outcome
Applicant\u2019s summons dated 22 February 2003 allowed; Respondents\u2019 summons dated 24 February 2003 dismissed.
Legal Topics
Employees Compensation Ordinance, Time Limits, Appeal Under S18, Cancellation of Compensation Certificate Under S16 B, Jurisdiction of Commissioner, Review and Assessment
Source Language
en
Employment Law Statutory Compensation Administrative Law Civil Procedure Employees Compensation Ordinance Time Limits Appeal Under S18 Cancellation of Compensation Certificate Under S16 B +2 more

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Parties

HO SHUI TAK

Applicant

WAN KEI GEOTECHNICAL ENGINEERING COMPANY LIMITED

1st Respondent

PAUL Y. FOUNDATION LIMITED

2nd Respondent

PAUL Y. ITC CONSTRUCTION LIMITED

3rd Respondent

Procedural Posture

Employees Compensation / Ruling (district Court, in Chambers)

Legal Issues

  1. 1 Whether the application to cancel the Commissioner\u2019s Form 6 certificate under s16B was made in time
  2. 2 Whether appeal against assessments (including 2% permanent loss of earning capacity) was time-barred under s18 and related provisions
  3. 3 Whether the Commissioner had power under s16A(1A) to issue the Form 6 review certificate given the 24-month rule

Ratio Decidendi

The court held that the Commissioner had power to issue the Form 6 review certificate and the applicant was within the six-month limit to seek cancellation under s16B; the 24-month limit in s14/s16A(1A) does not prevent reviews of assessments once the administrative route was validly commenced within two years, and it was appropriate to allow the appeal out of time under s18(2) to enable the applicant to challenge the Board\u2019s 2% loss of earning capacity assessment as part of the challenge to the Form 6 certificate.

Court Disposition

Applicant\u2019s summons dated 22 February 2003 allowed; Respondents\u2019 summons dated 24 February 2003 dismissed.

Orders

  • Respondents\' summons dated 24 February 2003 dismissed and respondents to pay costs of that summons.
  • Applicant\'s summons dated 22 February 2003 granted (leave to amend and leave to appeal/cancel Form 6 and to appeal assessment).