CHEUK KIT MAN v. FWD LIFE INSURANCE CO (BERMUDA) LTD AND OTHERS

CHEUK KIT MAN v. FWD LIFE INSURANCE CO (BERMUDA) LTD AND OTHERS

The District Court does not have exclusive jurisdiction over SDO and FSDO claims; the Court of First Instance retains jurisdiction absent unequivocal statutory language ousting it; in the present mixed-claims case (statutory discrimination claim in District Court and contractual claim in High Court) judicial...

Source-derived case information.

Citation
[2018] HKDC 1234
Parties
Claimant: Cheuk Kit Man (卓潔文); 1st Respondent: FWD Life Insurance Company (Bermuda) Limited; 2nd Respondent: Wong David Tai Wai; 3rd Respondent: Chow Kin Fai; 4th Respondent: Yvonne Poon
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2018
Case Number
DCEO12/2017
Procedural Posture
Equal Opportunities Claim (sdo and Fsdo) With Related High Court Contractual Action / Application to Transfer Under Section 42 of the District Court Ordinance; Decision on Transfer Issued
Outcome
EO claim transferred to the Court of First Instance; nisi order as to costs of the application (no order) and costs of transfer to be in the cause
Legal Topics
Jurisdiction, Transfer of Proceedings, Case Management, Interpretation of Statutory Forum Provisions
Source Language
en
Employment and Discrimination Civil Procedure Contract Jurisdiction Transfer of Proceedings Case Management Interpretation of Statutory Forum Provisions

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Parties

Cheuk Kit Man (卓潔文)

Claimant

FWD Life Insurance Company (Bermuda) Limited

1st Respondent

Wong David Tai Wai

2nd Respondent

Chow Kin Fai

3rd Respondent

Yvonne Poon

4th Respondent

Procedural Posture

Equal Opportunities Claim (sdo and Fsdo) With Related High Court Contractual Action / Application to Transfer Under Section 42 of the District Court Ordinance; Decision on Transfer Issued

Legal Issues

  1. 1 Whether the District Court has exclusive jurisdiction to hear claims under the Sex Discrimination Ordinance and Family Status Discrimination Ordinance
  2. 2 Whether the District Court Equal Opportunities claim should be transferred to the Court of First Instance to be heard with a related High Court contractual action
  3. 3 Interpretation of s76 SDO, s54 FSDO and related provisions in the District Court Ordinance (ss73B/73D)

Ratio Decidendi

The District Court does not have exclusive jurisdiction over SDO and FSDO claims; the Court of First Instance retains jurisdiction absent unequivocal statutory language ousting it; in the present mixed-claims case (statutory discrimination claim in District Court and contractual claim in High Court) judicial case-management considerations and efficiency supported transferring the EO claim to the CFI to be heard together with the High Court action.

Court Disposition

EO claim transferred to the Court of First Instance; nisi order as to costs of the application (no order) and costs of transfer to be in the cause

Orders

  • EO claim transferred to the Court of First Instance
  • On a nisi basis, there be no order as to costs of the application and the costs of the transfer be in the cause