WU LIYANG v. SHUN CHEONG INDUSTRIAL (HK) CO LTD AND ANOTHER

WU LIYANG v. SHUN CHEONG INDUSTRIAL (HK) CO LTD AND ANOTHER

The judge accepted that the applicant demonstrated a reasonable excuse for delay—misrepresentation leading to a timely but mistaken claim against a different party, discovery revealing the true employer, and an extension of legal aid enabling refiling—and that the respondents were not prejudiced; therefore leave to commence the proceedings out of time was granted under s.14(4).

Citation
[2018] HKDC 1494
Parties
Applicant: Mr Wu; 1st Respondent: Shun Cheong Industrial Company Limited; 2nd Respondent: Wong William Hon Lam
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 November 2018
Case Number
DCEC669/2015
Procedural Posture
Employees Compensation Ordinance Application for Leave to Commence Proceedings Out of Time / Interlocutory Application (leave to Extend Time)
Outcome
Leave granted to commence proceedings out of time
Legal Topics
Limitation, Leave to Commence Out of Time, Mistaken Identity of Employer, Legal Aid
Source Language
EN
Employment Law Compensation Law Civil Procedure Limitation Leave to Commence Out of Time Mistaken Identity of Employer Legal Aid

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Wu

Applicant

Shun Cheong Industrial Company Limited

1st Respondent

Wong William Hon Lam

2nd Respondent

Procedural Posture

Employees Compensation Ordinance Application for Leave to Commence Proceedings Out of Time / Interlocutory Application (leave to Extend Time)

Legal Issues

  1. 1 Whether the applicant has a reasonable excuse for commencing proceedings out of time under section 14(4) of the Employees Compensation Ordinance
  2. 2 Whether the respondents have been prejudiced by the delay
  3. 3 Whether discovery in earlier proceedings justified bringing a new claim against the correct employer

Ratio Decidendi

The judge accepted that the applicant demonstrated a reasonable excuse for delay—misrepresentation leading to a timely but mistaken claim against a different party, discovery revealing the true employer, and an extension of legal aid enabling refiling—and that the respondents were not prejudiced; therefore leave to commence the proceedings out of time was granted under s.14(4).

Court Disposition

Leave granted to commence proceedings out of time

Orders

  • Leave granted to the applicant to commence these Employees Compensation proceedings out of time pursuant to s.14(4) of the Employees Compensation Ordinance
  • Order made in terms of paragraph 1 of the summons (proceedings to continue)