LIMBU NETRAKUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

LIMBU NETRAKUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER

Leave to appeal out of time was granted because the delay was due to the applicant's solicitors' oversight rather than the applicant, the appeal demonstrated sufficient merit given disparity between medical evidence and the Board's 3.5% assessment, and no substantial prejudice to respondents was shown; accordingly extension of time under s18(2) was appropriate.

Citation
LIMBU NETRAKUMAR v. YAU LEE CONSTRUCTION CO LTD AND ANOTHER
Parties
Applicant: LIMBU NETRAKUMAR; 1st Respondent: YAU LEE CONSTRUCTION COMPANY LIMITED; 2nd Respondent: CHAN WING FAI formerly trading as WING FUNG CONSTRUCTION
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 November 2006
Case Number
DCEC710/2000
Procedural Posture
Employees Compensation / Application for Leave Out of Time to Appeal Against Form 9 Assessment
Outcome
Application allowed; leave to appeal out of time granted
Legal Topics
Leave to Appeal, Extension of Time, Medical Assessment of Disablement, Prejudice, Legal Aid Negligence
Source Language
EN
Employment Law Workers' Compensation Civil Procedure Leave to Appeal Extension of Time Medical Assessment of Disablement Prejudice Legal Aid Negligence

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Parties

LIMBU NETRAKUMAR

Applicant

YAU LEE CONSTRUCTION COMPANY LIMITED

1st Respondent

CHAN WING FAI formerly trading as WING FUNG CONSTRUCTION

2nd Respondent

Procedural Posture

Employees Compensation / Application for Leave Out of Time to Appeal Against Form 9 Assessment

Legal Issues

  1. 1 Whether to grant leave out of time to appeal against the Medical Assessment Board Form 9 assessment
  2. 2 Whether the delay was attributable to the applicant or to his legal representative
  3. 3 Whether respondents would be prejudiced by granting the extension

Ratio Decidendi

Leave to appeal out of time was granted because the delay was due to the applicant's solicitors' oversight rather than the applicant, the appeal demonstrated sufficient merit given disparity between medical evidence and the Board's 3.5% assessment, and no substantial prejudice to respondents was shown; accordingly extension of time under s18(2) was appropriate.

Court Disposition

Application allowed; leave to appeal out of time granted

Orders

  • Leave is granted to the applicant to appeal against the Certificate of Review of Assessment in Form 9 made by the Employees Compensation (Ordinary Assessment) Board dated 19 November 2003
  • The costs of and incidental to this application be to the respondents in any event