SIU KIT CHIU v. REX ENGINEERING LTD AND ANOTHER

SIU KIT CHIU v. REX ENGINEERING LTD AND ANOTHER

The pleadings disclose a reasonable cause of action against the 2nd respondent and there is no plain and obvious reason to strike out; the question whether the 2nd respondent was in law the principal contractor requires examination of contractual evidence and is unsuitable for resolution on a strike-out application and should be determined as a preliminary issue or at trial.

Citation
SIU KIT CHIU v. REX ENGINEERING LTD AND ANOTHER
Parties
Applicant: SIU KIT CHIU; 1st Respondent: REX ENGINEERING LIMITED; 2nd Respondent: HSIN CHONG ENGINEERING (MACAU) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 November 2008
Case Number
DCEC795/2007
Procedural Posture
Employees Compensation Case / Strike Out Application (order 18 Rule 19)
Outcome
Strike-out application by 2nd respondent dismissed
Legal Topics
Employees Compensation Ordinance, Order 18 Rule 19 Striking Out, Principal Contractor Liability, Abuse of Process, Preliminary Issue (order 14 A/order 33)
Source Language
EN
Employment Personal Injury Civil Procedure Employees Compensation Ordinance Order 18 Rule 19 Striking Out Principal Contractor Liability Abuse of Process Preliminary Issue (order 14 A/order 33)

Case Brief

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Parties

SIU KIT CHIU

Applicant

REX ENGINEERING LIMITED

1st Respondent

HSIN CHONG ENGINEERING (MACAU) LIMITED

2nd Respondent

Procedural Posture

Employees Compensation Case / Strike Out Application (order 18 Rule 19)

Legal Issues

  1. 1 Whether the applicant disclosed a reasonable cause of action against the 2nd respondent
  2. 2 Whether the claim is frivolous, vexatious, prejudicial or an abuse of process
  3. 3 Whether the 2nd respondent was the principal contractor within the meaning of section 24 of the Employees Compensation Ordinance

Ratio Decidendi

The pleadings disclose a reasonable cause of action against the 2nd respondent and there is no plain and obvious reason to strike out; the question whether the 2nd respondent was in law the principal contractor requires examination of contractual evidence and is unsuitable for resolution on a strike-out application and should be determined as a preliminary issue or at trial.

Court Disposition

Strike-out application by 2nd respondent dismissed

Orders

  • Application to strike out dismissed
  • Costs to be taxed if not agreed