PETER EDWARD REES JORDAN v. THE HONG KONG ACADEMY FOR PERFORMING ARTS AND ANOTHER

PETER EDWARD REES JORDAN v. THE HONG KONG ACADEMY FOR PERFORMING ARTS AND ANOTHER

On the pleaded material the claim cannot be struck out or summarily determined: the amended notice reasonably permits a reading that the alleged incidents form an interlinked continuing victimising campaign such that s86(5)(b) may apply; causation and unlawfulness are factual matters for trial; ss46-47 operate as a matter of law to permit employer and/or employee liability; therefore the strike out/summary determination application fails.

Citation
PETER EDWARD REES JORDAN v. THE HONG KONG ACADEMY FOR PERFORMING ARTS AND ANOTHER
Parties
Claimant: Peter Edward Rees Jordan; 1st Respondent: The Hong Kong Academy for Performing Arts; 2nd Respondent: Ceri Sherlock
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 July 2016
Case Number
DCEO4/2015
Procedural Posture
Equal Opportunities Action (sex Discrimination/victimisation) / Application to Strike Out/summary Determination Decided in Chambers
Outcome
Application dismissed
Legal Topics
Victimisation, Sex Discrimination, Limitation, Vicarious Liability, Strike Out, Summary Determination
Source Language
EN
Employment Law Anti Discrimination Law Civil Procedure Victimisation Sex Discrimination Limitation Vicarious Liability Strike Out +1 more

Case Brief

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Parties

Peter Edward Rees Jordan

Claimant

The Hong Kong Academy for Performing Arts

1st Respondent

Ceri Sherlock

2nd Respondent

Procedural Posture

Equal Opportunities Action (sex Discrimination/victimisation) / Application to Strike Out/summary Determination Decided in Chambers

Legal Issues

  1. 1 Whether parts of the claim predating 11 March 2012 are time-barred under s86 SDO
  2. 2 Whether the pleaded acts constitute an act extending over a period for limitation purposes
  3. 3 Whether the amended notice discloses a reasonable cause of action (causation and unlawfulness)

Ratio Decidendi

On the pleaded material the claim cannot be struck out or summarily determined: the amended notice reasonably permits a reading that the alleged incidents form an interlinked continuing victimising campaign such that s86(5)(b) may apply; causation and unlawfulness are factual matters for trial; ss46-47 operate as a matter of law to permit employer and/or employee liability; therefore the strike out/summary determination application fails.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs to the claimant to be taxed if not agreed with certificate for counsel
  • No order as to costs between claimant and 1st respondent (HKAPA)