YEUNG KEI SING v. HING LUNG CONSTRUCTION CO. LTD. AND ANOTHER

YEUNG KEI SING v. HING LUNG CONSTRUCTION CO. LTD. AND ANOTHER

The court lacks jurisdiction to set aside the consent order in employees compensation proceedings because O.1 r.2 excludes the Rules of the District Court (so O.2 r.2 is inapplicable) and the statutory power to review or reopen orders (s.53 District Court Ordinance) was repealed in 1993; accordingly the application to set aside is dismissed.

Citation
YEUNG KEI SING v. HING LUNG CONSTRUCTION CO. LTD. AND ANOTHER
Parties
Applicant: YEUNG KEI SING; 1st Respondent: HING LUNG CONSTRUCTION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 March 2002
Case Number
DCEC427/2000
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance / Application to Set Aside Consent Order (post Settlement)
Outcome
Summons dismissed for want of jurisdiction; court declines to set aside the consent order.
Legal Topics
Setting Aside Consent Order, Mutual Mistake, Jurisdiction to Review Court Orders, Application of District Court Rules to Employees Compensation Proceedings, Costs Orders
Source Language
EN
Civil Procedure Employment Law Court Jurisdiction Statutory Interpretation Setting Aside Consent Order Mutual Mistake Jurisdiction to Review Court Orders Application of District Court Rules to Employees Compensation Proceedings +1 more

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Parties

YEUNG KEI SING

Applicant

HING LUNG CONSTRUCTION COMPANY LIMITED

1st Respondent

Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance / Application to Set Aside Consent Order (post Settlement)

Legal Issues

  1. 1 Whether the District Court has jurisdiction to set aside its own consent order in employees compensation proceedings
  2. 2 Whether Order 2 r.2 Rules of the District Court applies where O.1 r.2 excludes Rules for Employees Compensation proceedings
  3. 3 Whether mutual mistake in negotiations can invalidate the settlement when statutory/regulatory framework removes review power

Ratio Decidendi

The court lacks jurisdiction to set aside the consent order in employees compensation proceedings because O.1 r.2 excludes the Rules of the District Court (so O.2 r.2 is inapplicable) and the statutory power to review or reopen orders (s.53 District Court Ordinance) was repealed in 1993; accordingly the application to set aside is dismissed.

Court Disposition

Summons dismissed for want of jurisdiction; court declines to set aside the consent order.

Orders

  • Summons dismissed.
  • Costs of this application to the applicant with certificate for counsel, to be taxed if not agreed.