2 Jun 2021
TAMANG BIJAY BISHAL v. MING TAI CONSTRUCTION ENGINEERING CO LTD AND ANOTHER
- Citation
- [2021] HKDC 664
- Court
- District Court
- Case number
- DCEC1929/2019
Order 62 r 7 does not apply to the failure to attend a s16 medical examination because it regulates conduct in civil proceedings, whereas s16(3) relates to medical fitness and statutory consequences; s16(1A) expressly provides the examination is without expense to the employee and, absent any legal basis or prior notice that cancellation fees would be charged, the employer must bear reasonable expenses arising from arrangement and cancellation. Therefore the respondents were not entitled to recover the $5,000 from the applicant and the summons is dismissed with costs to the applicant on an in…