Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cancellation fees

  • 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…

  • 1 Feb 2018

    TANG KOON MING v. KIN WING CONSTRUCTION CO LTD AND ANOTHER

    Citation
    [2018] HKDC 109
    Court
    District Court
    Case number
    DCEC129/2017

    The court held the interrogatories application was premature and unreasonably short in proposed timeframe but, having regard to the effort expended and voluntary provision of answers, ordered costs of the interrogatories to be in the cause; the application to compel a joint medical examination was refused because no expert directions had been given and the parties had proceeded prematurely regarding expert appointment; the parties were both at fault for arranging the joint exam early and therefore costs should reflect that shared responsibility; the disputed cancellation fee was resolved by a…