WONG CHUN WAI v. UNITRANS TRANSPORTATION CO. LTD.

HCMP 7163/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 7163 OF 1999

(ON APPEAL FROM DCEC 53/1999)

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J U D G M E N T

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1. It appears from a consideration of the transcript of the proceedings below that the representative of Unitrans was attempting to make the point Unitrans has always made that the victim of the accident was not, in fact, an employee of Unitrans at all. In effect, he was stopped from developing this by the judge who asked him if Unitrans accepted "responsibility". His affirmative answer to this question was not such as to constitute, as it seems to me, a real, genuine and informed acceptance of liability to the victim. It is true that the failure of Unitrans to appeal in time seems to have been due to a misplaced reliance on their insurers but they seem to have acted reasonably promptly when they realised their inability to rely on their insurers and there is, in my judgment, just about enough here to justify their delay. This is a borderline case and nothing I have said is intended to prejudice, in any way, the outcome of the appeal itself. I do no more than give leave to appeal for, in my judgment, it would be against the interests of justice to shut Unitrans out from that opportunity in all the circumstances of the case. Of course, since Unitrans is seeking an indulgence, it must pay the other side's costs of this application and I will make it a condition of the grant of leave to appeal that those costs be paid within 28 days from today. I shall asses the costs myself to avoid the necessity for a taxation and having heard counsel as to the appropriate figure, I will fix it at $40,000.