HU YONG YU v. KWONG LEE METAL CO. LTD.

DCEC000319/2000

DCEC319/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 319 OF 2000

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BETWEEN
Hu Yong Yu by Wu Hing Kai
(his next friend)
Applicant
AND
Kwong Lee Metal Company Limited Respondent

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Coram: H H Judge Carlson in Chambers

Date of Ruling: 13 September 2001

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R U L I N G

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1. By consent, interim payments to the applicant in the sum of $7,760 per month for a further maximum period of 12 months from 14 September2001 upon production of sick leave certificates by the applicant and that such payments be made no later than 14 days after the productionof the said original sick leave certificates.

(Submission on costs)

2. Generally, I find it very unsatisfactory to reserve costs but I think in this case this is the order I am going to make. The reasonwhy I am not going to make an order today that is favourable to the respondents is that this man undoubtedly has some psychiatricdisability and that being his position, it would not be right to make any orders against him today until the matter is investigated.So I am going to reserve the costs and these costs will have to be argued about after the final trial of this action. Clearly, ifthe applicant succeeds in demonstrating that he was justified in making this application, that indeed his psychiatric position isone that has been caused by this original injury, then clearly he will be on strong ground for having his costs of the applicationtoday but if, on the other hand, it is shown that the psychiatric disability is not one referable to the original injury and thatthe respondents have taken a perfectly proper approach to this by offering interim payments and it will therefore be shown that thishearing was quite unnecessary, then of course they would have very strong grounds for saying that they should have their costs ofthis application. So, it is for these reasons that I am reserving the costs. It may be I will not be the trial judge, so would youplease make a note of my reasons.

(Submission)

3. So, I have reserved costs. You are certainly not prejudiced by that order and neither is the respondent. I think this is a properoccasion when costs should be reserved.

4. Legal Aid taxation.

H H Judge Carlson
District Court Judge

Representation:

Mr K L Chow, of Messrs Yip, Tse & Tang, for the Applicant

Mr Anthony Chiu, of W K To & Co., for the Respondent