Read the full judgment text of CACV 000140/1988 on BabelCite. This Court of Appeal judgment was delivered on 3 March 1989 before Kempster, Hunter, JJ.A. & O'Connor, J.
Civil procedure – Employees' Compensation – Employees' Compensation Ordinance and Employees' Compensation (Rules of Court) Rules – Application by employee challenging Review of Assessment of disability at 1% for hand injury in moulding machine – Use of Form 1 application – District Court judge of own motion ordering applicant to 'file grounds of appeal within one month' – Whether such an order can properly be made – Whether proper procedure is rule 18 request for particulars – Right hand injury in moulding machine on 10 July 1987 – Review of Assessment dated 29 June 1988 assessing 1% disability – Originating application in Shatin District Court on 7 July 1988 – Whether trial judge entitled to require 'grounds of appeal' – Held: no; the Ordinance and Rules govern procedure precisely and do not require grounds of appeal – The proper procedure is for the respondent to request further and better particulars under rule 18 in Form 6 – Section 21 only permits recourse to general civil jurisdiction where the matter is not covered by the Ordinance and Rules – Rule 18 unlike rule 24(1) does not authorise the court to act of its own motion – Court may suggest a rule 18 request to the respondent or invite Registrar's assistance under rule 4 – Whether natural justice required a Notice of Appeal – Held: no, because assessment boards act on their own knowledge, keep no record, give no reasons, and the court on appeal must in effect start afresh – Section 18A treats the matter as an application to enforce a claim, not strictly an appeal – Whether District Court Rules and Supreme Court/County Court Rules could be invoked – Held: no, because the matter is precisely dealt with by the Employees' Compensation Ordinance and Rules – Outcome: appeal allowed; the order requiring the appellant to file grounds of appeal set aside.
Legal issues: Power of District Court judge to order applicant to file grounds of appeal in an employees' compensation application · Proper procedure where particulars in Form 1 are alleged to be insufficient
Outcome: Appeal allowed; the order for the applicant to 'file grounds of appeal' was set aside.
Cited by 2 cases