71290-EN-2010-06-01
NG CHIU WING (吳朝榮) v. YIP HOI CHING (葉海青)及另二人
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Employee's Compensation Case2008
NG CHIU WING (吳朝榮) v. YIP HOI CHING (葉海青)及另二人
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- CACV362/2008NG CHIU WING v. YIP HOI CHING AND ANOTHER
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65952-EN-2008-11-21
NG CHIU WING v. YIP HOI CHING
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DCEC434/2008
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
EMPLOYEES' COMPENSATION CASE NO. 434 OF 2008
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BETWEEN
| NG CHIU WING（吳朝榮） | Applicant | |
| and | ||
| YIP HOI CHING（葉海青） | Respondent |
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Coram: Her Honour Judge H C Wong in Chambers (Open to public)
Date of Hearing: 21 November 2008
Date of Delivery of Decision: 21 November 2008
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D E C I S I O N
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1. Today’s application, lodged by the applicant, is to join two further respondents in the Employees’ Compensation application.
2. It is an application to join a person whom the applicant has never met, did not know existed and could not locate. I consider it to be an insurmountable task. I also find it unreasonable.
3. From the applicant’s supporting affidavit, he was recruited by the respondent, Mr Yip Hoi-ching, took orders from him and was paid by him. The name of Mok Ying-lun was a name mentioned by the respondent in the answer to the applicant’s request for further and better particulars. The respondent was unable to supply an address or a mobile number of this person called Mok Ying-lun, whom Mr Yip admitted he could not locate. Under such circumstances, it would be a futile exercise to join such a person who may be a fictitious person. Unless and until the applicant can obtain more concrete information on this person I am not prepared to allow him to be joined as one of the respondents in this application.
4. As to the other intended respondent, Mok Kam-lun, formerly trading as Design Co-operation, the applicant was able to exhibit a quotation from this firm/person and located the firm’s address for service. The applicant claimed that this Mok Kam-lun（莫錦麟） formerly trading as Design Co-operation was the main contractor for the contract work that he was engaged in. For this reason, I will allow this firm to be joined as the 2nd respondent.
5. Therefore, I grant leave to the applicant to join as 2nd respondent Mok Kam-lun（莫錦麟） formerly trading as Design Co-operation. Service of the amended application to be effected within 14 days hereof.
6. Costs in the cause.
| (H C Wong) District Judge |
Miss Jay Koon, of Szwina Pang, Edward Li & Co., assigned by DLA for the Applicant
Messrs. Francis Kong & Co., for the Respondent, absent