LI WO HIU EDWARDS 對 INLAND REVENUE DEPARTMENT

LI WO HIU EDWARDS 對 INLAND REVENUE DEPARTMENT

Applicant's summons to accept an out-of-time employees' compensation claim was dismissed because the delay of about 4 years 7 months was substantial, the applicant failed to provide a reasonable and particularised explanation linked to the period of delay, available evidence showed he had notice and Labour...

Source-derived case information.

Citation
[2019] HKDC 941
Parties
Applicant: LI WO HIU EDWARDS; Respondent: INLAND REVENUE DEPARTMENT
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 July 2019
Case Number
DCEC2100/2017
Procedural Posture
Employees' Compensation / Interlocutory: Application for Extension of Time and Strike Out
Outcome
Applicant's summons to extend time dismissed; Respondent's summons granted; Applicant's employees' compensation claim struck out; costs awarded to respondent.
Legal Topics
Limitation, Extension of Time, Strike Out, Evidence, Prejudice to Defendant
Source Language
ch
Employment Law Workers' Compensation Civil Procedure Limitation Extension of Time Strike Out Evidence Prejudice to Defendant

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Parties

LI WO HIU EDWARDS

Applicant

INLAND REVENUE DEPARTMENT

Respondent

Procedural Posture

Employees' Compensation / Interlocutory: Application for Extension of Time and Strike Out

  1. 1 Whether the court should exercise its discretion under s14(4) to permit an out-of-time employees' compensation claim
  2. 2 Whether the applicant has provided a reasonable explanation for a delay of approximately 4 years 7 months
  3. 3 Whether the applicant's claim has a high probability of success given available evidence

Ratio Decidendi

Applicant's summons to accept an out-of-time employees' compensation claim was dismissed because the delay of about 4 years 7 months was substantial, the applicant failed to provide a reasonable and particularised explanation linked to the period of delay, available evidence showed he had notice and Labour Department had rejected causal linkage in 2011, the claim lacked high prospects of success and allowing the late claim would likely prejudice the respondent.

Court Disposition

Applicant's summons to extend time dismissed; Respondent's summons granted; Applicant's employees' compensation claim struck out; costs awarded to respondent.

Orders

  • Revoke applicant's summons; applicant to pay respondent's costs.
  • Approve respondent's summons; strike out applicant's employees' compensation claim; applicant to pay respondent's summons costs and the costs of the compensation proceeding.