KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND OTHERS

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND OTHERS

The court found the applicant had a reasonable excuse (genuine ignorance of the change of ownership), the claim against the proposed 3rd respondent had merit, there was no demonstrated prejudice to the 3rd respondent from the delay, and the proceedings were instituted within the statutory limitation period; accordingly the court granted leave to join the 3rd respondent out of time.

Citation
[2018] HKDC 1388
Parties
Applicant: Mdm Kaur; 1st Respondent: Mdm Li (trading as San Cheung Fast Food); 2nd Respondent: Employees Compensation Assistance Fund Board; 3rd Respondent: He Xiao Ying (trading as San Cheung Fast Food)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 November 2018
Case Number
DCEC1479/2012
Procedural Posture
Employees Compensation Proceedings Under the Employees Compensation Ordinance / Application for Leave to Join a New Party Out of Time Following Set Aside of Default Judgments
Outcome
Joinder application granted; leave granted to join He Xiao Ying trading as San Cheung Fast Food as the 3rd respondent out of time; costs directions made
Legal Topics
Joinder, Extension of Time, Limitation Period, Default Judgment, Set Aside, Reasonable Excuse, Prejudice, Costs Assessment
Source Language
EN
Employment Law Civil Procedure Insurance/fund Administration Costs Law Joinder Extension of Time Limitation Period Default Judgment +4 more

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Parties

Mdm Kaur

Applicant

Mdm Li (trading as San Cheung Fast Food)

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

He Xiao Ying (trading as San Cheung Fast Food)

3rd Respondent

Procedural Posture

Employees Compensation Proceedings Under the Employees Compensation Ordinance / Application for Leave to Join a New Party Out of Time Following Set Aside of Default Judgments

Legal Issues

  1. 1 Whether the court should grant leave to join a new defendant out of time
  2. 2 Whether the applicant had a reasonable excuse for the delay in seeking joinder
  3. 3 Whether the proposed joinder would cause prejudice to the intended respondent

Ratio Decidendi

The court found the applicant had a reasonable excuse (genuine ignorance of the change of ownership), the claim against the proposed 3rd respondent had merit, there was no demonstrated prejudice to the 3rd respondent from the delay, and the proceedings were instituted within the statutory limitation period; accordingly the court granted leave to join the 3rd respondent out of time.

Court Disposition

Joinder application granted; leave granted to join He Xiao Ying trading as San Cheung Fast Food as the 3rd respondent out of time; costs directions made

Orders

  • Leave granted to Mdm Kaur to join He Xiao Ying trading as San Cheung Fast Food as 3rd respondent out of time
  • No order as to costs in respect of Mdm Li (1st respondent)