LAU OI WING v. TSANG WING KONG t/a KIM YUEN RECYCLE CO (sued as a firm) AND OTHERS

LAU OI WING v. TSANG WING KONG t/a KIM YUEN RECYCLE CO (sued as a firm) AND OTHERS

The court found that the applicant established a reasonable excuse under s14(4) because opposing solicitors' persistent denials, provision of limited/confusing documents and threats of indemnity costs induced the applicant's solicitors to delay; the role of IR3 only became clear on R1's witness statement mid‑January 2025; there was no demonstrated prejudice to IR3 and the claim against IR3 was not bound to fail; accordingly discretion to allow joinder out of time was properly exercised and costs awarded to the applicant.

Citation
[2025] HKDC 1019
Parties
Applicant: Lau Oi Wing; 1st Respondent: Tsang Wing Kong trading as Kim Yuen Recycle Co.; 2nd Respondent: Chiho Environmental Group Limited; Intended 3rd Respondent: Chiho ECO Protection Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 June 2025
Case Number
DCEC485/2023
Procedural Posture
Employees' Compensation / Application for Joinder and Amendment Out of Time; Determination Under S14(4) of the Eco; Summary Costs Directions
Outcome
Summons granted: leave to join Chiho ECO Protection Limited as 3rd Respondent and to amend the Application out of time; costs awarded to applicant; directions for filing and costs assessment
Legal Topics
Employees' Compensation Ordinance S14 Reasonable Excuse, Joinder of Parties, Limitation Period and Extension, Costs Summary Assessment
Source Language
EN
Employment Law Personal Injury Civil Procedure Statutory Limitation Employees' Compensation Ordinance S14 Reasonable Excuse Joinder of Parties Limitation Period and Extension Costs Summary Assessment

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Parties

Lau Oi Wing

Applicant

Tsang Wing Kong trading as Kim Yuen Recycle Co.

1st Respondent

Chiho Environmental Group Limited

2nd Respondent

Chiho ECO Protection Limited

Intended 3rd Respondent

Procedural Posture

Employees' Compensation / Application for Joinder and Amendment Out of Time; Determination Under S14(4) of the Eco; Summary Costs Directions

Legal Issues

  1. 1 Whether applicant established a "reasonable excuse" under s14(4) ECO for joinder outside the 24-month limitation
  2. 2 Whether IR3 was the principal contractor or employer and liable for compensation
  3. 3 Whether IR3 would suffer prejudice from late joinder

Ratio Decidendi

The court found that the applicant established a reasonable excuse under s14(4) because opposing solicitors' persistent denials, provision of limited/confusing documents and threats of indemnity costs induced the applicant's solicitors to delay; the role of IR3 only became clear on R1's witness statement mid‑January 2025; there was no demonstrated prejudice to IR3 and the claim against IR3 was not bound to fail; accordingly discretion to allow joinder out of time was properly exercised and costs awarded to the applicant.

Court Disposition

Summons granted: leave to join Chiho ECO Protection Limited as 3rd Respondent and to amend the Application out of time; costs awarded to applicant; directions for filing and costs assessment

Orders

  • Leave granted to amend the Application out of time by joining Chiho ECO Protection Limited as 3rd Respondent
  • All other documents already filed shall stand and be deemed to have been so amended