Sami\'an Sutinah v. Katrina Leung Wai-kuen and Another

Sami\'an Sutinah v. Katrina Leung Wai-kuen and Another

The application for judgment was refused because on the material before the court there remained a real issue whether the assaults arose in the course of or out of employment under s5(1) of the Employees Compensation Ordinance, and therefore summary disposal under Order 18 Rule 19 was inappropriate.

Citation
Sami\'an Sutinah v. Katrina Leung Wai-kuen and Another
Parties
Plaintiff: Sami an Sutinah; 1st Respondent: Katrina Leung Wai-kuen; 2nd Respondent: Hongkong & Shanghai Insurance Co Ltd
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 February 2002
Case Number
DCEC616/2001
Procedural Posture
Employees Compensation / Application for Summary Judgment Under Order 18 Rule 19 (interlocutory Ruling)
Outcome
Application to enter judgment against the 1st respondent declined.
Legal Topics
Employees Compensation Ordinance S5(1), Summary Judgment / Strike Out (order 18 Rule 19), Causation in Employment Context, Assault by Employer
Source Language
EN
Employment Law Personal Injury Civil Procedure Criminal Law (conviction Evidence) Employees Compensation Ordinance S5(1) Summary Judgment / Strike Out (order 18 Rule 19) Causation in Employment Context Assault by Employer

Case Brief

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Parties

Sami an Sutinah

Plaintiff

Katrina Leung Wai-kuen

1st Respondent

Hongkong & Shanghai Insurance Co Ltd

2nd Respondent

Procedural Posture

Employees Compensation / Application for Summary Judgment Under Order 18 Rule 19 (interlocutory Ruling)

Legal Issues

  1. 1 Whether the defence discloses no reasonable defence under Order 18 Rule 19
  2. 2 Whether the injuries arose in the course of and out of employment under section 5(1) Employees Compensation Ordinance
  3. 3 Whether a certificate of conviction establishes civil liability sufficient to enter judgment without a full hearing

Ratio Decidendi

The application for judgment was refused because on the material before the court there remained a real issue whether the assaults arose in the course of or out of employment under s5(1) of the Employees Compensation Ordinance, and therefore summary disposal under Order 18 Rule 19 was inappropriate.

Court Disposition

Application to enter judgment against the 1st respondent declined.

Orders

  • Costs in the cause with Legal Aid taxation of the applicant's costs.