Miu Kwong-lung v. Tam Chikwai t/a H T Yip Container Transportation Co

DCEC000644/1999

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 644 OF 1999

-----------------

-----------------

Coram: H H Judge Carlson in Chambers

Date of Judgment: 21 February 2001

-----------------

RULING

-----------------

1. This is an application for leave to extend time to appeal against the Certificate of Assessment.

2. I have before me an affidavit by the solicitor who is dealing with the case on behalf of the applicant, Ms Lee. She very frankly admits that time has expired due to an oversight on her part. The general principle, of course, is that usually an amendment is allowed, provided it does not create any injustice to the other side which cannot be cured by an order for costs. It needs to be remembered, of course, that the matter has been brought properly before the court and there is going to be a hearing of the application. By this amendment the court will be able to deal with the matter more broadly and in the round.

3. The delay here is not particularly serious. Four months elapsed before the applicant's solicitors wrote to the respondent's solicitors asking for their consent. I take the view that lapses like this will occur. I think one can properly characterise this as a reasonable excuse in all the circumstances.

4. I will allow the amendment but costs, of course, will have to go to the respondents in any event and there will be an order for Legal Aid taxation of the applicant's costs, and as I say, I very much hope that the applicant's solicitors will face up to their personal responsibilities in this matter and that the order for costs, although formally against the applicant, will not come out of the applicant's pocket.

5. Leave to the respondents to file amended answer within 14 days.

6. The costs of amendment to the respondents in any event.

7. Time for respondents to file their expert's report in reply to the applicant's is extended and must be filed within 56 days of today.

Representation:

Ms Lee C L, of Messrs K F Wong & Co., for the Applicant

Ms P Lai, of Messrs Tong & Tsoi, for the Respondent