CHEUNG HAU YING v. NEW PEOPLE’S PARTY

CHEUNG HAU YING v. NEW PEOPLE’S PARTY

A sanctioned payment made in the PI Action as a purported global settlement does not constitute a sanctioned payment in the separate EC Claim; where the EC Claim is subsequently settled the change of circumstances triggers s26 ECA set‑off and it would be unjust to allow the plaintiff to accept the sanctioned payment out of time and thereby obtain double recovery; exercising the court's discretion in all the circumstances the application to accept the sanctioned payment out of time is dismissed.

Citation
[2021] HKDC 485
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 April 2021
Case Number
DCPI1636/2019
Procedural Posture
Personal Injury (with Related Employees Compensation Claim) / Interlocutory Application to Accept Defendant's Sanctioned Payment Out of Time (pre Trial/call Over)
Outcome
Application dismissed
Legal Topics
Sanctioned Payment, Order 22, Set Off Under Employees' Compensation Ordinance S26, Late Acceptance, Case Management
Source Language
EN
Civil Procedure Personal Injury Employment Compensation Costs Sanctioned Payment Order 22 Set Off Under Employees' Compensation Ordinance S26 Late Acceptance +1 more

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Procedural Posture

Personal Injury (with Related Employees Compensation Claim) / Interlocutory Application to Accept Defendant's Sanctioned Payment Out of Time (pre Trial/call Over)

Legal Issues

  1. 1 Whether a sanctioned payment made in a PI action as a purported global settlement can be treated as a sanctioned payment in a related EC claim
  2. 2 Whether the plaintiff can accept a sanctioned payment out of time after the related EC claim has been settled
  3. 3 Whether allowing acceptance would permit double recovery and be unjust

Ratio Decidendi

A sanctioned payment made in the PI Action as a purported global settlement does not constitute a sanctioned payment in the separate EC Claim; where the EC Claim is subsequently settled the change of circumstances triggers s26 ECA set‑off and it would be unjust to allow the plaintiff to accept the sanctioned payment out of time and thereby obtain double recovery; exercising the court's discretion in all the circumstances the application to accept the sanctioned payment out of time is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Parties to apply to court within 14 days for the trial to be re‑fixed before another judge