Wong Sun Keung v. Ho Chau & Sons (HK) Engineering Ltd and Another

DCEC 2381/2023

[2024] HKDC 1045

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 2381 OF 2023

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IN THE MATTER OF AN APPLICATION BETWEEN

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DECISION

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1.This is an application by the applicant to join an intended 3^rd respondent, Wai Kit Engineering (Hong Kong) Limited, out of time. The legally represented 1^st and 2^nd respondents have been excused from attending today’s hearing. They have no objection to the applicant’s summons.

2.The intended 3^rd respondent had been properly and duly served with the summons together with the supporting affirmation. Despite the court having waited for 15 minutes, the intended 3^rd respondent was absent. Neither has the intended 3^rd respondent filed any documents indicating its position.

3.After having considered the affirmation filed in support, I am satisfied that there is good reason to allow the applicant to join the intended 3^rd respondent as the 3^rd respondent. Pertinently, the applicant only had the knowledge of the involvement of the intended 3^rd respondent in the alleged accident after the solicitors for the 1^st and 2^nd respondents informed the applicant’s solicitors for the first time on 22 April 2024 about this company, which might have been the employer of the applicant.

4.Upon learning of this information, the applicant promptly issued this summons to join the intended party on 26 April 2024. In all the circumstances and for the reasons above, I am satisfied that this court should exercise its discretion to grant an order in terms of the summons as amended as per the discussion which I earlier had with Ms Chan:-

(1) Leave be granted to the applicant to join WAI KIT ENGINEERING (HONG KONG) LIMITED as the 3^rd respondent out of time in these proceedings;

(2) Leave be granted to the applicant to file and serve on the 3^rd respondent by ordinary post and by registered post of his Amended Application in the manner as per the draft attached to the summons filed on 26 April 2024 within 28 days from the date hereof;

(3) The costs of the amendment between the applicant, the 1^st, 2^nd and 3^rd respondents be in the cause of these proceedings;

(4) The 3^rd respondent do file and serve its Mediation Certificate within 28 days from the date of service of the Amended Application;

(5) The 3^rd respondent to file and serve an Answer within 28 days from the date of service of the Amended Application;

(6) The 3^rd respondent do file and serve a List of Earnings of the applicant for the 12 month-period prior to the accident or such lesser period of employment within 28 days from the date of service of the Amended Application;

(7) The applicant and the 3^rd respondent do file and serve their respective Lists of Documents within 21 days from paragraph (6) above and there be inspection of documents within 7 days thereafter;

(8) Directions Hearing be adjourned to 18 October 2024 at 10:30 a.m. at Court No. 26 of the District Court;

(9) The costs of this hearing shall be costs in the cause;

(10) Liberty to apply; and

(11) The applicant’s solicitors do draw up this order in Chinese and serve on the 3^rd respondent by ordinary post and by registered post.

Ms M Chan, of B Mak & Co, for the applicant

K B Chau & Co, for the 1^st and 2^nd respondents, was excused from attendance

The intended 3^rd respondent was not represented and did not appear