MOHAMMAD SHAKEEL v. LEUNG YAU CONSTRUCTION CO AND ANOTHER

MOHAMMAD SHAKEEL v. LEUNG YAU CONSTRUCTION CO AND ANOTHER

The joinder application under s25A(b) was premature because the employer was not legally 'present in the proceedings', so the 2nd Respondent should not recover costs of the whole action; however, the 2nd Respondent must pay the Applicant's costs for today's hearing, to be assessed summarily at $13,000 payable forthwith.

Citation
MOHAMMAD SHAKEEL v. LEUNG YAU CONSTRUCTION CO AND ANOTHER
Parties
Applicant: Mohammad Shakeel; 1st Respondent: Leung Yau Construction Company; 2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 December 2011
Case Number
DCEC1494/2010
Procedural Posture
Employees Compensation Case No. 1494 of 2010 / Costs Hearing / Ruling
Outcome
No costs order as to the whole action; 2nd Respondent ordered to pay Applicant's costs for today's hearing assessed at $13,000 payable forthwith; legal aid taxation to apply for Applicant's own costs; no certificate for counsel for today's hearing.
Legal Topics
Section 25 a Joinder, Discontinuance, Summary Assessment of Costs, Legal Aid Taxation, Certificate for Counsel
Source Language
EN
Employment Law Compensation Civil Procedure Costs Joinder Section 25 a Joinder Discontinuance Summary Assessment of Costs +2 more

Case Brief

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Parties

Mohammad Shakeel

Applicant

Leung Yau Construction Company

1st Respondent

Employees Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees Compensation Case No. 1494 of 2010 / Costs Hearing / Ruling

Legal Issues

  1. 1 Whether 2nd Respondent joined under Employees Compensation Ordinance s25A(a) or s25A(b)
  2. 2 Whether employer was 'present in the proceedings' for the purpose of s25A(b)
  3. 3 Whether applicant should bear costs of the 2nd Respondent

Ratio Decidendi

The joinder application under s25A(b) was premature because the employer was not legally 'present in the proceedings', so the 2nd Respondent should not recover costs of the whole action; however, the 2nd Respondent must pay the Applicant's costs for today's hearing, to be assessed summarily at $13,000 payable forthwith.

Court Disposition

No costs order as to the whole action; 2nd Respondent ordered to pay Applicant's costs for today's hearing assessed at $13,000 payable forthwith; legal aid taxation to apply for Applicant's own costs; no certificate for counsel for today's hearing.

Orders

  • Costs of today's hearing to the Applicant by summary assessment at $13,000 payable forthwith by the 2nd Respondent
  • Legal aid taxation to apply for the Applicant's own costs