廖建和及另九人 v. TREASURE CONSULTANTS LTD AND ANOTHER

廖建和及另九人 v. TREASURE CONSULTANTS LTD AND ANOTHER

The Presiding Officer validly exercised his statutory discretion under Sections 29A and 30 of the Labour Tribunal Ordinance to order payment of $1,700,000 into court as a condition of adjournment given a finding of risk of dissipation and other considerations; the exercise of discretion was not shown to be vitiated or unreasonable and there were no arguable grounds of appeal, therefore leave to appeal was dismissed.

Citation
廖建和及另九人 v. TREASURE CONSULTANTS LTD AND ANOTHER
Parties
Claimants: Claimants; Defendants: 2nd and 4th Defendants; Defendant (wound Up): 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2003
Case Number
HCLA107/2002
Procedural Posture
Labour Tribunal Appeal / Decision on Applications for Leave to Appeal
Outcome
Applications for leave to appeal dismissed
Legal Topics
Security for Costs/payment Into Court, Adjournment, Judgment for Non Compliance, Discretionary Review, Dissipation of Assets, Leave to Appeal
Source Language
EN
Labour Law Civil Procedure Appeals Security for Costs/payment Into Court Adjournment Judgment for Non Compliance Discretionary Review Dissipation of Assets +1 more

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Parties

Claimants

Claimants

2nd and 4th Defendants

Defendants

1st Defendant

Defendant (wound Up)

Procedural Posture

Labour Tribunal Appeal / Decision on Applications for Leave to Appeal

Legal Issues

  1. 1 Whether the Presiding Officer had power under Sections 29A and 30 of the Labour Tribunal Ordinance to order payment into court as condition for adjournment
  2. 2 Whether the Presiding Officer's exercise of discretion was vitiated by alleged failure to consider matters raised by the defendants
  3. 3 Whether the Tribunal was obliged to invite further submissions before entering judgment for non-payment into court

Ratio Decidendi

The Presiding Officer validly exercised his statutory discretion under Sections 29A and 30 of the Labour Tribunal Ordinance to order payment of $1,700,000 into court as a condition of adjournment given a finding of risk of dissipation and other considerations; the exercise of discretion was not shown to be vitiated or unreasonable and there were no arguable grounds of appeal, therefore leave to appeal was dismissed.

Court Disposition

Applications for leave to appeal dismissed

Orders

  • Leave to appeal in HCLA No.107 of 2002 dismissed
  • Leave to appeal in HCLA No.115 of 2002 dismissed