Tsui Lai Lan Lorna v. Hospital Authority

DCEC000261/2001

DCEC261/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 261 OF 2001

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Coram: H H Judge Carlson in Chambers

Date of Ruling: 1 June 2001

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R U L I N G

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1.Of course a 2 year period is ample in the ordinary course of events for an applicant to bring his case. These proceedings are designed to be simple and to be dealt with quickly.

2.In this case, the applicant is 4 days out of time. That is a matter which I do bear in mind in her favour. She seems to have left everything very much to the last moment. She was granted Legal Aid and had she been able to attend her solicitors when she should have done, then there would have been no difficulty. She says that she got a bout of flu which meant she was not able to keep an appointment before the limitation period had expired.

3.I am satisfied about her evidence. I accept her evidence that she was unable to attend the interview because she suffered from influenza and I take the view that that amounts to a reasonable excuse and accordingly I shall give her leave to bring the application, notwithstanding the expiry of the limitation period.

4.Adjourned sine die, costs in the cause, Legal Aid taxation and you need not draw up the order.

Representation:

Present: Ms M Hung, of S H Chan & Co., for the Applicant

Ms Margaret Lam, of Messrs Deacons, for the Respondent