TSANG HO LEUNG v. SO KA KIT AND ANOTHER

TSANG HO LEUNG v. SO KA KIT AND ANOTHER

Application refused because there was no prima facie merit: the applicant's substantive allegations were raised belatedly and were internally inconsistent; no independent medical evidence demonstrated that the 3% LOEC assessment or the periods in the review certificate were incorrect; the cited medical report did...

Source-derived case information.

Citation
TSANG HO LEUNG v. SO KA KIT AND ANOTHER
Parties
Applicant: Tsang Ho Leung; 1st Respondent: So Ka Kit (formerly trading as Tak Lee Engineering Company); 2nd Respondent: MHK Electrical Telecom Engineering Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 September 2009
Case Number
DCEC662/2009
Procedural Posture
Employees Compensation / Application for Leave to Appeal and for Cancellation of Assessment (extension of Time)
Outcome
Application dismissed; leave refused
Legal Topics
Employees Compensation Ordinance, Leave to Appeal, Extension of Time, Assessment of Loss of Earning Capacity, Temporary Incapacity/sick Leave, Costs
Source Language
en
Employment Law Personal Injury Administrative Law Civil Procedure Employees Compensation Ordinance Leave to Appeal Extension of Time Assessment of Loss of Earning Capacity +2 more

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Parties

Tsang Ho Leung

Applicant

So Ka Kit (formerly trading as Tak Lee Engineering Company)

1st Respondent

MHK Electrical Telecom Engineering Limited

2nd Respondent

Procedural Posture

Employees Compensation / Application for Leave to Appeal and for Cancellation of Assessment (extension of Time)

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted under s18(2) of the Employees Compensation Ordinance
  2. 2 Whether leave to apply for cancellation of Form 5 should be granted under s16B(2) of the Ordinance
  3. 3 Whether there is a prima facie case showing the review/certification assessments are wrong

Ratio Decidendi

Application refused because there was no prima facie merit: the applicant's substantive allegations were raised belatedly and were internally inconsistent; no independent medical evidence demonstrated that the 3% LOEC assessment or the periods in the review certificate were incorrect; the cited medical report did not support a higher LOEC and in part supported the respondents' position; therefore extension and leave were not justified.

Court Disposition

Application dismissed; leave refused

Orders

  • Application dismissed and leave refused
  • Costs of this application to the respondent, to be taxed if not agreed