Kwok Chi Yip v. Wan Kei Geotechnical Engineering Co. Ltd. and Another

Kwok Chi Yip v. Wan Kei Geotechnical Engineering Co. Ltd. and Another

The court held that the proceedings were properly brought as an appeal under section 18 against the Review Assessment Board's Certificate dated 28 December 2000, not as a fresh s18A claim governed by the two year limitation in s14(1); accordingly the s14(4) summons was unnecessary and no order was made on it. The judge further held (hypothetically) that had the matter required a s14(4) decision the late application would have been refused for inordinate delay and lack of reasonable excuse.

Citation
Kwok Chi Yip v. Wan Kei Geotechnical Engineering Co. Ltd. and Another
Parties
Applicant: Kwok Chi-yip; 1st Respondent: Wan Kei Geotechnical Engineering Company Limited; 2nd Respondent: Paul Y. ITC Construction Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2001
Case Number
DCEC180/2001
Procedural Posture
Employees Compensation / In Chambers Ruling on Summons and Preliminary Determination of Appeal Under Section 18
Outcome
No order on the summons. Appeal proceeds as an appeal under section 18. Leave granted for respondent to file an answer and list of earnings within 21 days. Matter adjourned sine die with liberty to restore. Costs in the cause with Legal Aid taxation.
Legal Topics
Employees Compensation Ordinance, Limitation Period, Section 14(1), Section 14(4), Section 16 G(1), Section 18, Section 18 a, Review Assessment Board, Legal Aid
Source Language
EN
Employment Compensation Civil Procedure Administrative Law Limitation Law Employees Compensation Ordinance Limitation Period Section 14(1) +6 more

Case Brief

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Parties

Kwok Chi-yip

Applicant

Wan Kei Geotechnical Engineering Company Limited

1st Respondent

Paul Y. ITC Construction Limited

2nd Respondent

Procedural Posture

Employees Compensation / In Chambers Ruling on Summons and Preliminary Determination of Appeal Under Section 18

Legal Issues

  1. 1 Whether the proceedings are an application under s18A (late claim) or an appeal under s18
  2. 2 Whether the court should exercise its discretion under s14(4) to receive a late application for compensation
  3. 3 Whether ignorance of legal rights or late diagnosis constitutes a reasonable excuse for delay

Ratio Decidendi

The court held that the proceedings were properly brought as an appeal under section 18 against the Review Assessment Board's Certificate dated 28 December 2000, not as a fresh s18A claim governed by the two year limitation in s14(1); accordingly the s14(4) summons was unnecessary and no order was made on it. The judge further held (hypothetically) that had the matter required a s14(4) decision the late application would have been refused for inordinate delay and lack of reasonable excuse.

Court Disposition

No order on the summons. Appeal proceeds as an appeal under section 18. Leave granted for respondent to file an answer and list of earnings within 21 days. Matter adjourned sine die with liberty to restore. Costs in the cause with Legal Aid taxation.

Orders

  • No order on the summons under section 14(4).
  • Costs in the cause with Legal Aid taxation of the applicant's costs.