SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

Court granted leave to the 1st Respondent to withdraw admissions on liability but refused withdrawal of the admission that the 1st Respondent was the Applicant's employer because the application was made in good faith, raised a triable issue with reasonable prospect of success, and withdrawal would not cause...

Source-derived case information.

Citation
SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER
Parties
Applicant: Singh Balwinder; 1st Respondent: Sino Phil Engineering Services Limited; 2nd Respondent: Hyundai Engineering & Constrcution Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 January 2007
Case Number
DCEC374/2003
Procedural Posture
Employees Compensation / Application to Withdraw Admissions (pre Trial)
Outcome
Leave granted to the 1st Respondent to withdraw admissions on liability except the admission that it was the employer of the Applicant at the time of the accident; costs orders made as specified.
Legal Topics
Withdrawal of Admissions, Leave to Withdraw Admissions, Employer Liability, Evidential Credibility, Allocation of Costs
Source Language
en
Employment Civil Procedure Costs Withdrawal of Admissions Leave to Withdraw Admissions Employer Liability Evidential Credibility Allocation of Costs

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Parties

Singh Balwinder

Applicant

Sino Phil Engineering Services Limited

1st Respondent

Hyundai Engineering & Constrcution Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Application to Withdraw Admissions (pre Trial)

Legal Issues

  1. 1 Whether leave should be granted to withdraw admissions made by former solicitors of the 1st Respondent
  2. 2 Whether the application to withdraw was made in good faith
  3. 3 Whether the 1st Respondent raises a triable issue with a reasonable prospect of success

Ratio Decidendi

Court granted leave to the 1st Respondent to withdraw admissions on liability but refused withdrawal of the admission that the 1st Respondent was the Applicant's employer because the application was made in good faith, raised a triable issue with reasonable prospect of success, and withdrawal would not cause irremediable prejudice to the Applicant; costs were awarded against the 1st Respondent with limitations and the 2nd Respondent ordered to bear its own costs of the summons.

Court Disposition

Leave granted to the 1st Respondent to withdraw admissions on liability except the admission that it was the employer of the Applicant at the time of the accident; costs orders made as specified.

Orders

  • Leave granted to 1st Respondent to withdraw admissions on liability except the admission that the 1st Respondent was the employer of the Applicant at the time of the accident.
  • The 1st Respondent must pay the Applicant's costs of the summons dated 6 December 2006, the Applicant being entitled to recover only one hour of costs for the hearing on 18 January 2007.