賴玫霞 對 衞達保安有限公司

賴玫霞 對 衞達保安有限公司

Leave to appeal was refused because the applicant failed to produce the hearing transcript or sufficient evidence to show the settlement was not voluntary and the appropriate remedy for an alleged involuntary settlement is to commence civil proceedings to set it aside.

Citation
[2023] HKCFI 2024
Parties
Applicant (appellant): Lai Mui Ha; Respondent (defendant): ISS Adams Secuforce Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2023
Case Number
HCLA17/2023
Procedural Posture
Appeal From Labour Tribunal / Labour and Welfare Tribunal (labour) / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Settlement, Duress, Leave to Appeal, Costs, Setting Aside Settlement
Source Language
CH
Labour Law Civil Procedure Settlement Duress Leave to Appeal Costs Setting Aside Settlement

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Parties

Lai Mui Ha

Applicant (appellant)

ISS Adams Secuforce Limited

Respondent (defendant)

Procedural Posture

Appeal From Labour Tribunal / Labour and Welfare Tribunal (labour) / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the settlement reached before the Labour Tribunal was procured by pressure and therefore not voluntary
  2. 2 Whether the Court should grant leave to appeal against the settlement without a hearing transcript or supporting evidence
  3. 3 What is the appropriate remedy if a settlement is said to be involuntary

Ratio Decidendi

Leave to appeal was refused because the applicant failed to produce the hearing transcript or sufficient evidence to show the settlement was not voluntary and the appropriate remedy for an alleged involuntary settlement is to commence civil proceedings to set it aside.

Court Disposition

leave to appeal refused

Orders

  • Application for leave to appeal dismissed