KHAN SABZ ALI v. KO KIM DEVELOPMENT LTD AND ANOTHER

KHAN SABZ ALI v. KO KIM DEVELOPMENT LTD AND ANOTHER

The court held that it has jurisdiction to grant interim payments under RDC O.29 rr.10-11 in employees' compensation cases because the ECO is not an exclusive code excluding the Rules of the District Court and there is no conflict between the ECO (including s.10 periodical payments) and the grant of interim...

Source-derived case information.

Citation
KHAN SABZ ALI v. KO KIM DEVELOPMENT LTD AND ANOTHER
Parties
Applicant: Khan Sabz Ali; 1st Respondent: Ko Kim Development Limited; 2nd Respondent: China Harbour Engineering Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 October 2012
Case Number
DCEC1350/2012
Procedural Posture
Employees Compensation Case (dcec No 1350 of 2012) / Interim Payment Summons (jurisdictional Decision)
Outcome
Court held that interim payments pursuant to RDC O.29 rr.10-11 can be granted in employees' compensation cases (jurisdiction established).
Legal Topics
Employees' Compensation, Interim Payment, Jurisdiction, RDC O.29 Rr.10 11, Section 10 ECO
Source Language
en
Employment Law Personal Injury Civil Procedure Statutory Interpretation Employees' Compensation Interim Payment Jurisdiction RDC O.29 Rr.10 11 +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Khan Sabz Ali

Applicant

Ko Kim Development Limited

1st Respondent

China Harbour Engineering Company Limited

2nd Respondent

Procedural Posture

Employees Compensation Case (dcec No 1350 of 2012) / Interim Payment Summons (jurisdictional Decision)

Legal Issues

  1. 1 Whether the District Court has jurisdiction to grant interim payments under RDC O.29 rr.10-11 in employees' compensation cases
  2. 2 Whether the Employees Compensation Ordinance (Cap 282) is an exclusive code excluding the application of RDC provisions
  3. 3 Interaction between periodical payments under s.10 ECO and interim payments under RDC O.29 rr.10-11

Ratio Decidendi

The court held that it has jurisdiction to grant interim payments under RDC O.29 rr.10-11 in employees' compensation cases because the ECO is not an exclusive code excluding the Rules of the District Court and there is no conflict between the ECO (including s.10 periodical payments) and the grant of interim payments; accordingly RDC O.29 rr.10-11 are applicable where appropriate. The decision addresses jurisdiction only, not the exercise of discretion to order payment.

Court Disposition

Court held that interim payments pursuant to RDC O.29 rr.10-11 can be granted in employees' compensation cases (jurisdiction established).

Orders

  • Restored hearing vacated by consent; applicant's summons resolved by agreement