MAIN SHINE DEVELOPMENT LTD. v. CHAN KAI TONG

MAIN SHINE DEVELOPMENT LTD. v. CHAN KAI TONG

The consent judgment was not a true consent because it was obtained under judicial pressure and without hearing evidence; the affirmation elaborating the notes was admissible; the appropriate relief was to set aside the judgment and remit the matter to the Labour Tribunal for a new hearing before a different Presiding Officer; no order as to costs of the appeal.

Citation
MAIN SHINE DEVELOPMENT LTD. v. CHAN KAI TONG
Parties
Appellant: Main Shine Development Ltd.; Respondent: Chan Kai Tong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 1994
Case Number
HCLA11/1994
Procedural Posture
Appeal From Labour Tribunal to High Court / Hearing and Judgment on Appeal
Outcome
Consent judgment set aside and matter remitted to the Labour Tribunal for rehearing before a different Presiding Officer; no order as to costs of the appeal.
Legal Topics
Consent Judgment Validity, Settlement Induced by Judge, Procedural Impropriety, Relief From Judgment, Remittal for Rehearing
Source Language
EN
Employment Law Civil Procedure Administrative Law Consent Judgment Validity Settlement Induced by Judge Procedural Impropriety Relief From Judgment Remittal for Rehearing

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Parties

Main Shine Development Ltd.

Appellant

Chan Kai Tong

Respondent

Procedural Posture

Appeal From Labour Tribunal to High Court / Hearing and Judgment on Appeal

Legal Issues

  1. 1 Whether the Presiding Officer improperly pressured the claimant to settle before hearing evidence
  2. 2 Whether the consent judgment was a true consent or vitiated by judicial pressure and therefore voidable
  3. 3 Whether the appellate court could consider the appellant's affirmation elaborating the notes of proceedings

Ratio Decidendi

The consent judgment was not a true consent because it was obtained under judicial pressure and without hearing evidence; the affirmation elaborating the notes was admissible; the appropriate relief was to set aside the judgment and remit the matter to the Labour Tribunal for a new hearing before a different Presiding Officer; no order as to costs of the appeal.

Court Disposition

Consent judgment set aside and matter remitted to the Labour Tribunal for rehearing before a different Presiding Officer; no order as to costs of the appeal.

Orders

  • Set aside the consent judgment entered in the Labour Tribunal
  • Remit the case to the Labour Tribunal for a new hearing before a different Presiding Officer