DARBY KEITH HARRY v. BELGRAVIA PROPERTIES LTD

DARBY KEITH HARRY v. BELGRAVIA PROPERTIES LTD

The presiding officer erred in refusing the transfer because the claimant's travel ban effectively denied access to justice; given the substantial quantum, allegations of fraud, contested authenticity of documents and likely voluminous disclosure, it was in the interests of justice and both parties that the claim be transferred to the Court of First Instance where legal representation and appropriate procedures are available.

Citation
DARBY KEITH HARRY v. BELGRAVIA PROPERTIES LTD
Parties
Claimant (appellant): Darby Keith Harry; Defendant (respondent): Belgravia Properties Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2016
Case Number
HCLA44/2015
Procedural Posture
Labour Tribunal Appeal (employment Claim) / Appeal to Court of First Instance; Judgment on Transfer Application
Outcome
Appeal allowed in part; decision of Presiding Officer set aside; claim transferred to the Court of First Instance
Legal Topics
Representation in Tribunal, Transfer of Proceedings to Higher Court, Access to Justice, Fraud Allegations and Discovery
Source Language
EN
Employment Law Civil Procedure Commercial Law Representation in Tribunal Transfer of Proceedings to Higher Court Access to Justice Fraud Allegations and Discovery

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Parties

Darby Keith Harry

Claimant (appellant)

Belgravia Properties Limited

Defendant (respondent)

Procedural Posture

Labour Tribunal Appeal (employment Claim) / Appeal to Court of First Instance; Judgment on Transfer Application

Legal Issues

  1. 1 Whether a litigant subject to a travel ban can obtain leave for a non‑lawyer to represent him in the Labour Tribunal
  2. 2 Whether the Labour Tribunal presiding officer erred in refusing to transfer the claim to the Court of First Instance
  3. 3 Whether refusal to allow representation or transfer amounted to denial of access to the courts

Ratio Decidendi

The presiding officer erred in refusing the transfer because the claimant's travel ban effectively denied access to justice; given the substantial quantum, allegations of fraud, contested authenticity of documents and likely voluminous disclosure, it was in the interests of justice and both parties that the claim be transferred to the Court of First Instance where legal representation and appropriate procedures are available.

Court Disposition

Appeal allowed in part; decision of Presiding Officer set aside; claim transferred to the Court of First Instance

Orders

  • Set aside the Presiding Officer's decision dated 1 September 2015
  • Order the Labour Tribunal claim be transferred to the Court of First Instance