Wong Shu Keung v. Kam Luen Consolidator Ltd

DCEC638/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 638 OF 2010

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BETWEEN

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Before: Deputy District Judge Thomas Lee in Chambers (Open to public)

Date of Hearing: 23 June 2011

Date of Decision: 23 June 2011

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D E C I S I O N

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1.In this application the solicitors for the Applicant seek to adjourn the proceedings sine die with liberty to either party to restore.

2.The application, which might be seen as slightly unusual, has been made because the Applicant has suffered serious injuries and, so I am told, remains on sick leave until 31 August 2011. 

3.The Applicant’s solicitors wish to adjourn the preparation and exchange of joint expert medical reports until then so that progress, if any, between now and then can be taken into account, in particular to see if injuries suffered by the Applicant have become permanent.

4.Directions in this application have been previously made and the next step, so I am told, would be that of a joint expert medical report.

5.I am not prepared to grant orders in terms of the Applicant’s summons.  Instead, I would consider it more appropriate to make directions in line with those made by Master Marlene Ng in the related personal injuries action in HCPI686/2010, in which Master Ng has been informed, so I am told, of the Applicant’s sick leave until 31 August 2010.

6.The orders which I will therefore make are as follows. 

(1)   The Applicant do serve his supplemental list of documents disclosing up-dated medical notes, records and reports from the Plaintiff’s treatments, hospitals, clinics and doctors on or before 4 August 2011 and there be an inspection of documents within 7 days thereafter.

(2)   This matter  be re-listed on or before 31 August 2011 for directions to be made as to medical expert evidence. 

(3)   The solicitors for the Applicant shall send a copy of this order to the Legal Aid Counsel in charge of this application.

(4)   The costs of this summons be costs in the cause and the Applicant’s own costs be taxed in accordance with Legal Aid regulations. 

(5)   Time shall run during the court vacation.

(6)   There be liberty to apply.

(7)   An order be drawn up by the Applicant’s solicitors with a draft order submitted for approval within 5 days of today. 

(8)   The Applicant do, within 5 days of sealing this order, serve a sealed copy of the order on the defendant in HCPI686 of 2010 for his information and submit a sealed copy of this order to the Personal Injuries Master in HCPI686 of 2010 for her consideration and, where appropriate, direction.

Representation:

Mr Michael Sun,  of  Huen & Partners, for the Applicant

Respondent in person, represented by Mr Li Ho Cheong