Ng Chiu Wing v. Yip Hoi Ching

DCEC434/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES' COMPENSATION CASE NO. 434 OF 2008

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BETWEEN

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Coram: Her Honour Judge H C Wong in Chambers (Open to public)

Date of Hearing: 21 November 2008

Date of Delivery of Decision: 21 November 2008

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D E C I S I O N

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1.Today’s application, lodged by the applicant, is to join two further respondents in the Employees’ Compensation application.  

2.It is an application to join a person whom the applicant has never met, did not know existed and could not locate.  I consider it to be an insurmountable task.   I also find it unreasonable.

3.From the applicant’s supporting affidavit, he was recruited by the respondent, Mr Yip Hoi-ching, took orders from him and was paid by him.  The name of Mok Ying-lun was a name mentioned by the respondent in the answer to the applicant’s request for further and better particulars.  The respondent was unable to supply an address or a mobile number of this person called Mok Ying-lun, whom Mr Yip admitted he could not locate.  Under such circumstances, it would be a futile exercise to join such a person who may be a fictitious person.  Unless and until the applicant can obtain more concrete information on this person I am not prepared to allow him to be joined as one of the respondents in this application.

4.As to the other intended respondent, Mok Kam-lun, formerly trading as Design Co-operation, the applicant was able to exhibit a quotation from this firm/person and located the firm’s address for service.  The applicant claimed that this Mok Kam-lun（莫錦麟） formerly trading as Design Co-operation was the main contractor for the contract work that he was engaged in.  For this reason, I will allow this firm to be joined as the 2nd respondent.

5.Therefore, I grant leave to the applicant to join as 2nd respondent Mok Kam-lun（莫錦麟） formerly trading as Design Co-operation.  Service of the amended application to be effected within 14 days hereof.

6.Costs in the cause.

Miss Jay Koon, of Szwina Pang, Edward Li & Co., assigned by DLA for the Applicant

Messrs. Francis Kong & Co., for the Respondent, absent