Hong Kong Case Law: Decisions & Judgments

Topic

Employees compensation assistance fund

Legal area

Court

1 Mar 2024

李竹英 v. 胡炳雄 (WU PING HUNG) 的遺產代理人

Citation

[2024] HKDC 326
Court

District Court
Case number

DCEC2446/2019

The Board’s applications were allowed because it promptly applied after being informed of the CarryOn Order, there was a real and substantive need to test conflicting evidence on the applicant’s occupation and earnings which could materially affect quantum, and allowing the applications caused no prejudice to the applicant; accordingly joinder and leave to file an appeal out of time were granted to protect public funds and enable proper assessment of compensation.
14 Jul 2021

SHING HO WA BY LAM WAI FONG, HIS MOTHER AND NEXT FRIEND v. REALLY SUPER LTD AND ANOTHER

Citation

[2021] HKCFI 2139
Court

Court of First Instance
Case number

HCPI1329/2016

The court granted the Board's application to be joined because the statutory conditions in section 25A(b) ECAO were satisfied, the application was timely, and the Board's limited participation to the trial on liability was appropriate; accordingly the Board is joined as the 3rd defendant with the deletion of the words 'and quantum' and with consequential directions including a 28‑day period for the plaintiff to file a Reply if the Board files a Defence; costs ordered in terms of the Summons.
29 Jun 2009

NG CHIU WING v. YIP HOI CHING AND ANOTHER

Citation

NG CHIU WING v. YIP HOI CHING AND ANOTHER
Court

Court of Appeal
Case number

CACV362/2008

The Court of Appeal disturbed the judge’s exercise of discretion and allowed joinder because the applicant had an arguable case, limitation did not present an insurmountable barrier, the plaintiff is entitled to choose the defendant, and paucity of information alone did not justify refusal; consequential amendment and substituted service were ordered to enable pursuit of a judgment against the true employer and, if necessary, a claim against the Fund Board.

Hong Kong Case Law

李竹英 v. 胡炳雄 (WU PING HUNG) 的遺產代理人

SHING HO WA BY LAM WAI FONG, HIS MOTHER AND NEXT FRIEND v. REALLY SUPER LTD AND ANOTHER

NG CHIU WING v. YIP HOI CHING AND ANOTHER