Ng Chiu Wing v. Yip Hoi Ching
Read the full judgment text of DCEC 434/2008 on BabelCite. This District Court judgment was delivered on 21 November 2008.
1. Today’s application, lodged by the applicant, is to join two further respondents in the Employees’ Compensation application.
Cited by 4 cases
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DCEC434/2008 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION EMPLOYEES' COMPENSATION CASE NO. 434 OF 2008 ---------------------- BETWEEN
---------------------- 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 ------------------------ D E C I S I O N ---------------------- 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 Appeal allowed: see CACV362/2008 dated 29 June 2009 |
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Further hearings and rulings under DCEC 434/2008