30 Nov 2007
TSOI CHUNG KAK v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
- Citation
- TSOI CHUNG KAK v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
- Court
- District Court
- Case number
- DCMP744/2007
Section 25(3)'s phrase 'on application made on notice to the Board' refers to the time of the substantive hearing of the application for leave; the court must assess all evidence available at that substantive hearing (on the balance of probabilities) and need not confine itself to the evidence available at the time the Originating Summons was issued; consequently the Board's strike out application failed because it was not plain and obvious that the applicant must fail at the substantive hearing.