MOHAMMAD IRFAN v. JHK SECURITY LTD AND ANOTHER

MOHAMMAD IRFAN v. JHK SECURITY LTD AND ANOTHER

The summons for interim payment is dismissed because the material before the court disclosed serious factual disputes on liability which could not be resolved on affidavit evidence, and the applicant had not established on the balance of probabilities that he was likely to succeed at trial or that the 1st respondent had no arguable defence.

Citation
MOHAMMAD IRFAN v. JHK SECURITY LTD AND ANOTHER
Parties
Applicant: Mohammad Irfan; 1st Respondent: JHK Security Limited; 2nd Respondent: Rhombus International Hotels Group Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 February 2014
Case Number
DCEC1259/2013
Procedural Posture
Employees Compensation Case No. 1259 of 2013 / Interim Payment Application (summons Heard 19 Feb 2014; Decision 24 Feb 2014)
Outcome
Summons for interim payment dismissed
Legal Topics
Interim Payment, Workers' Compensation, Burden of Proof, Factual Disputes, Costs
Source Language
EN
Employment Law Personal Injury Civil Procedure Interim Payment Workers' Compensation Burden of Proof Factual Disputes Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mohammad Irfan

Applicant

JHK Security Limited

1st Respondent

Rhombus International Hotels Group Limited

2nd Respondent

Procedural Posture

Employees Compensation Case No. 1259 of 2013 / Interim Payment Application (summons Heard 19 Feb 2014; Decision 24 Feb 2014)

Legal Issues

  1. 1 Whether the applicant suffered a work accident on 19 January 2013 (liability)
  2. 2 Whether applicant has shown a likelihood of success at trial on the balance of probabilities
  3. 3 Whether the 1st respondent has an arguable defence to defeat interim payment

Ratio Decidendi

The summons for interim payment is dismissed because the material before the court disclosed serious factual disputes on liability which could not be resolved on affidavit evidence, and the applicant had not established on the balance of probabilities that he was likely to succeed at trial or that the 1st respondent had no arguable defence.

Court Disposition

Summons for interim payment dismissed

Orders

  • Summons for interim payment dismissed
  • Costs of the application to the 1st respondent, to be taxed if not agreed