LAI CHI MING MARBO v. UDL KENWORTH ENGINEERING LTD. AND ANOTHER

LAI CHI MING MARBO v. UDL KENWORTH ENGINEERING LTD. AND ANOTHER

The court held that s44(3) of the ECO allows joinder of the insurer even where the existence of an employment relationship between the applicant and the insured is disputed; the insurer, once joined, may defend by denying the insured was the employer, so the dispute over employment does not preclude joinder; leave to join Tai Ping and to amend pleadings was granted with consequential directions and costs orders.

Citation
LAI CHI MING MARBO v. UDL KENWORTH ENGINEERING LTD. AND ANOTHER
Parties
Applicant: LAI CHI MING MARBO; 1st Respondent: UDL KENWORTH ENGINEERING LIMITED; 2nd Respondent: MANNIX ENGINEERING CO. LTD; 3rd Respondent: Tai Ping Insurance Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 February 2003
Case Number
DCEC644/2000
Procedural Posture
Employees Compensation / Interlocutory Application to Join Insurer; Ruling on Summons Dated 22 March 2002
Outcome
Summons granted. Tai Ping Insurance Company Limited to be joined as 3rd respondent; amendments permitted; costs ordered against 1st respondent and Tai Ping; timelines for filing and amendment set.
Legal Topics
Employees Compensation Ordinance, Section 44 Joinder of Insurer, Section 24(1) Deeming Principal Contractor Liability, Scheme of Arrangement (companies Ordinance S166), Employer Employee Relationship Dispute, Costs
Source Language
EN
Employment Law Insurance Law Company Law Civil Procedure Insolvency Law Employees Compensation Ordinance Section 44 Joinder of Insurer Section 24(1) Deeming Principal Contractor Liability +3 more

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Parties

LAI CHI MING MARBO

Applicant

UDL KENWORTH ENGINEERING LIMITED

1st Respondent

MANNIX ENGINEERING CO. LTD

2nd Respondent

Tai Ping Insurance Company Limited

3rd Respondent

Procedural Posture

Employees Compensation / Interlocutory Application to Join Insurer; Ruling on Summons Dated 22 March 2002

Legal Issues

  1. 1 Whether insurer (Tai Ping) can be joined under s44(3) of the Employees Compensation Ordinance where the employment relationship with the insured is disputed
  2. 2 Whether joinder is precluded until the court determines the existence of an employer-employee relationship
  3. 3 Whether an insurer, once joined, may defend by denying that the insured was the employer

Ratio Decidendi

The court held that s44(3) of the ECO allows joinder of the insurer even where the existence of an employment relationship between the applicant and the insured is disputed; the insurer, once joined, may defend by denying the insured was the employer, so the dispute over employment does not preclude joinder; leave to join Tai Ping and to amend pleadings was granted with consequential directions and costs orders.

Court Disposition

Summons granted. Tai Ping Insurance Company Limited to be joined as 3rd respondent; amendments permitted; costs ordered against 1st respondent and Tai Ping; timelines for filing and amendment set.

Orders

  • Leave granted to join Tai Ping Insurance Company Limited as 3rd respondent
  • Leave granted to applicant to further amend the Re-amended Application per draft attached to Summons dated 22 March 2002