RENTOKIL HK LTD v. WAN PUI-KWONG

RENTOKIL HK LTD v. WAN PUI-KWONG

Ordering substituted service by posting and ordinary post at an address that the defendant had vacated was premature and made it highly unlikely the defendant would receive notice; that error materially contributed to his absence and warranted allowing the appeal and remitting the case to the Tribunal for rehearing under section 35(1)(c).

Citation
RENTOKIL HK LTD v. WAN PUI-KWONG
Parties
Claimant/respondent: Rentokil H.K. Ltd.; Respondent/appellant: WAN Pui-kwong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 1983
Case Number
HCLA29/1983
Procedural Posture
Labour Tribunal Appeal / Appeal to High Court (hearing)
Outcome
Appeal allowed; matter remitted to Labour Tribunal for rehearing
Legal Topics
Substituted Service, Service of Process, Default Judgment in Absence, Rehearing, Leave to Appeal
Source Language
EN
Employment Law Labour Law Civil Procedure Substituted Service Service of Process Default Judgment in Absence Rehearing Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rentokil H.K. Ltd.

Claimant/respondent

WAN Pui-kwong

Respondent/appellant

Procedural Posture

Labour Tribunal Appeal / Appeal to High Court (hearing)

Legal Issues

  1. 1 Whether substituted service by post at a vacated address complied with the Labour Tribunal Ordinance and Rules
  2. 2 Whether the judgment entered in the defendant's absence should be set aside for failure of proper service
  3. 3 Whether appeal should be allowed and matter remitted for rehearing

Ratio Decidendi

Ordering substituted service by posting and ordinary post at an address that the defendant had vacated was premature and made it highly unlikely the defendant would receive notice; that error materially contributed to his absence and warranted allowing the appeal and remitting the case to the Tribunal for rehearing under section 35(1)(c).

Court Disposition

Appeal allowed; matter remitted to Labour Tribunal for rehearing

Orders

  • Appeal allowed
  • Remit matter to Labour Tribunal for rehearing