Read the full judgment text of CACV 000104/2000 on BabelCite. This Court of Appeal judgment was delivered on 19 September 2000 before Rogers VP, Keith JA.
Civil appeal – Labour Tribunal Ordinance (Cap. 25) s.32(1) and s.32(3) – refusal of leave to appeal by Court of First Instance – whether court functus officio – whether order must be drawn up before jurisdiction ends – Ord. 42 r. 5(5) – discretion to rehear application for leave to appeal – Indonesian domestic helper – unequal bargaining power – concealed salary to defeat Immigration Department minimum wage requirement – constructive dismissal – wages in lieu of notice and arrears of salary refused on illegality grounds – five minor heads of claim upheld – Claimant unrepresented at first leave application – pro bono representation – whether erroneous finding of fact becomes point of law where no evidence to support it – exercise of discretion in interests of justice – appeal allowed – order set aside – application for leave to appeal to be reheard.
Legal issues: Whether the judge was functus officio when he declined to rehear the application for leave to appeal · Whether the Court of Appeal should exercise the discretion to rehear in the Claimant's favour
Outcome: Appeal allowed; order of Deputy Judge Tong of 25 February 2000 set aside; application for leave to appeal directed to be reheard by Deputy Judge Tong on a date to be fixed.
Cited by 5 cases