Read the full judgment text of CACV 69/2010 on BabelCite. This Court of Appeal judgment was delivered on 4 January 2011 before Tang PJ (Acting Chief Judge), Cheung JA, Yuen JA.
Civil appeal – Employees' Compensation Ordinance (Cap. 282) – out-of-time application for employees' compensation – extension of time under s.14(4) – out-of-time appeal against Certificate of Assessment – extension of time under s.18(2) – setting aside compensation agreement under s.17 – Applicant attacked with hammer at construction site on 4 September 1990 sustaining head injuries, right testicle surgically removed, urethral surgery in 1991 – Certificate of Assessment issued 29 April 1993 recording tinnitus, post-concussion syndrome and psychoneurosis with 15½% loss of earning capacity – agreement under s.17 of the Ordinance signed 13 May 1993 for $219,841.67 and approved by Commissioner for Labour – Applicant waited 16 years after expiry of prescribed period before applying to District Court on 25 August 2008 – whether Applicant had reasonable excuse for 16-year delay in bringing claim and appeal – held, no; ignorance of law is not a reasonable excuse and Applicant had demonstrated awareness of the legal process by applying for legal aid and pursuing other claims – failure to record testicular removal and urethral surgery in the Certificate of Assessment did not render it obviously inaccurate; orchiectomy did not affect working capacity as Applicant subsequently married and had two children, and medical evidence on urethral stricture was insufficient – Applicant failed to prove the s.17 agreement was entered into in ignorance of, or mistake as to, the true nature or extent of injury, or that it was procured by fraud, undue influence, misrepresentation or other improper means – granting extension would cause prejudice to the Respondent, which had long since paid compensation and was entitled to treat the matter as concluded in 1993 – appeal dismissed with costs nisi, each party to bear its own costs.
Legal issues: Extension of time for out-of-time employees' compensation claim under s.14(4) of the Employees' Compensation Ordinance · Extension of time for out-of-time appeal against Certificate of Assessment under s.18(2) of the Employees' Compensation Ordinance · Setting aside the s.17 compensation agreement
Outcome: Appeal dismissed.
Cites 2 cases