Cap. 25activeordinance

Labour Tribunal Ordinance

勞資審裁處條例

Full legislation

s.26

Joint defendants

(1)
If 2 or more persons are defendants to a claim, as partners or otherwise, it shall be sufficient to serve any of them with process and an award may be obtained and execution issued against any person so served notwithstanding that any other persons jointly liable may not have been served or been a party or may not be within the jurisdiction of the tribunal.
(2)
If an award is made against a person in accordance with subsection (1) and is satisfied by that person, he shall be entitled to recover in the tribunal contribution from any other person jointly liable with him.
(3)
An award obtained against a person in respect of his liability jointly with any other person shall not release such other person from liability under the award.
(4)
A person who is sued in respect of his liability jointly with any other person may set up any defence or counterclaim which he would have been entitled to set up if all the persons liable had been made defendants.
(5)
If 2 or more persons are joined as defendants, the claimant may obtain an award against any one or more of the defendants and may enforce the award without prejudice to his right to proceed with the action against any other defendant.