KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND ANOTHER

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND ANOTHER

The court found that the defendants adduced credible evidence of a valid transfer of the business and demonstrated a real prospect of success on the defence that the applicant was not the employer at the time of the accident; coupled with reasonable explanations for default and delay, the merits and balancing of factors justified setting aside the default judgments.

Citation
KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND ANOTHER
Parties
Applicant: KAUR PARAMJIT; 1st Respondent: LI ON NA trading as Massie & Clement; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 September 2016
Case Number
DCEC1479/2012
Procedural Posture
Employees Compensation / Application to Set Aside Interlocutory and Final/default Judgments (substantive Hearing)
Outcome
Applications by Mdm Li and the Employees Compensation Assistance Fund Board to set aside the interlocutory judgment dated 15 February 2013 and the final/default judgment dated 17 October 2013 granted
Legal Topics
Setting Aside Default Judgment, Employees' Compensation, Transfer of Business, Termination of Employment, Real Prospect of Success Test, Business Registration
Source Language
EN
Employment Law Civil Procedure Commercial Law Setting Aside Default Judgment Employees' Compensation Transfer of Business Termination of Employment Real Prospect of Success Test +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

KAUR PARAMJIT

Applicant

LI ON NA trading as Massie & Clement

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees Compensation / Application to Set Aside Interlocutory and Final/default Judgments (substantive Hearing)

Legal Issues

  1. 1 Whether the interlocutory and final/default judgments should be set aside
  2. 2 Whether there was a valid transfer of the business such that the applicant was not the original employer at time of accident
  3. 3 Whether the defendants have a real prospect of success on the defence

Ratio Decidendi

The court found that the defendants adduced credible evidence of a valid transfer of the business and demonstrated a real prospect of success on the defence that the applicant was not the employer at the time of the accident; coupled with reasonable explanations for default and delay, the merits and balancing of factors justified setting aside the default judgments.

Court Disposition

Applications by Mdm Li and the Employees Compensation Assistance Fund Board to set aside the interlocutory judgment dated 15 February 2013 and the final/default judgment dated 17 October 2013 granted

Orders

  • Interlocutory judgment dated 15 February 2013 set aside
  • Final judgment dated 17 October 2013 set aside