Read the full judgment text of CAMP 198/2019 on BabelCite. This Court of Appeal judgment was delivered on 11 November 2019 before 林文瀚 (Vice President of the Court of Appeal), 袁家寧 (Justice of Appeal).
Civil procedure – issue estoppel – discrimination claim – Labour Tribunal – factual findings – final determination – leave to appeal – costs – The applicant, a former employee, claimed he was constructively dismissed after being required to undergo a medical examination. The Labour Tribunal dismissed his claim, finding no such requirement and no dismissal. He then brought a discrimination claim re-alleging the same facts. The District Court struck out parts of the claim on the basis of issue estoppel. The Court of Appeal held that issue estoppel applies even where the claims are of a different nature, as the factual issues were finally determined between the same parties. The application for leave to appeal was dismissed, with costs of HK$23,000 awarded to the respondent.
Legal issues: Issue estoppel in discrimination claim
Outcome: Application for leave to appeal dismissed.
Cited by 8 cases · Cites 2 cases