Lam Wai Kin v. Hop Yue Construction Co Ltd

DCEC1371/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 1371 OF 2004

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BETWEEN

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Coram : Deputy District Judge W. Lam in Chambers

Date of delivery of Decision: 22nd November 2005

Order

1.By Summons issued on the 10 November 2005 the Applicant seeks an Order today for the Respondent to file and serve the medical report of the Respondent’s ophthalmologist within 14 days, and for the Applicant to have liberty to file and serve his own medical report in reply within 42 days thereafter.

2.From what the parties have informed me today, the situation appears to be as follows:

(1)	There will be mediation, to be conducted by mutual consent which was signed 3 weeks ago.
(2)	Despite the Applicant having been appointed (by the Respondent’s side) to consult the relevant ophthalmologist as far back as 7 months ago, the Respondent is not yet in possession of a report because the doctor needs to examine the Applicant once more later this month before he can come to an opinion.
(3)	The Applicant himself has not sought his own ophthalmologist for advice.

3.As the Respondent has not yet obtained the medical report I am unable to order it to file the same within 14 days as the Applicant has sought in the Summons.  Furthermore I do not believe I have the power to order the doctor to write a report, let alone by a certain date.  Where the doctor is able and willing to help the parties, however, I should nevertheless allow sufficient time for him to prepare his report, and for the Respondent to peruse and serve the same.

4.As to the process of mediation, I do not consider that the preparation and the release of the ophthalmology report can hinder its conduct.  Indeed a medical report will facilitate mediation, and if mediation fails the medical report will be needed for trial.

5.In the circumstances I consider the following Orders to be in the best interest of the parties, and I make the same accordingly:

(1)	That the Respondent do file and serve its ophthalmologist’s report within 2 months of today, namely on or before Tuesday 31st January 2006.
(2)	That upon receipt of the above report, the Applicant be at liberty to file and serve his own report within 42 days thereafter.
(3)	The application be adjourned sine die with liberty to restore.
(4)	Costs be in the cause.
(5)	Applicant’s own costs be taxed in accordance with the Legal Aid Regulations.

Ms. S. Wong of Messrs. Cheung, Chan & Chung assigned by D.L.A. for the Applicant.

Miss Carrie Chan of Messrs. W.K. To & Co. for the Respondent.