Wong Wah And Others v Leung Ming Yim

Judgment Cited in Precedent Map Related
Judgment Date16 May 1968
Year1968
Judgement NumberCACV13/1968
CourtCourt of Appeal (Hong Kong)
CACV000013/1968 WONG WAH AND OTHERS v. LEUNG MING YIM

CACV000013/1968

APPELLATE JURISDICTION

CIVIL APPEAL NO. 13 OF 1968

(K.D.C. C.J.ACTION NO. 8875 OF 1967)

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BETWEEN
WONG WAH Plaintiffs
CHAN KWAI-HING
LEUNG MOU

AND
LEUNG MING YIM Defendant

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Coram: Hogan, C.J. and Rigby, S.P.J.

Date of Judgment: 16 May 1968

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JUDGMENT

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1. This is an appeal against a decision of the judge in the District Court whereby he reversed an earlier decision and gave to the Respondents to the present appeal judgment in their favour on a claim for wages against the Appellant. The claim presented to the District Court was for wages alleged to be due to the Plaintiffs in respect of work which they had done for the Defendant as carpenters in March 1966, when the Plaintiffs were alleged to have worked on a day or shift basis at $18 per shift during the period from the 21st of March to the 29th of March. The judge, having heard the evidence of the Plaintiffs and the evidence of the Defendant, came to the conclusion, on the 9th of February 1968, that the claim had not been made out and he dismissed it. In reaching that conclusion, he was mainly influenced by the following factors; first the delay in filing proceedings against the defendant inasmuch as the wages were alleged to have accrued in March 1966 and the Writ was not taken out until November 1967; secondly, the 1st and 3rd Plaintiffs had admittedly taken further work from the Defendant for which they were paid during the intervening period and that at a time when, according to their story, he was still indebted to them for the earlier work which had remained unpaid; thirdly he was strongly influenced by the fact that the Plaintiffs were not in possession of the working passes which, according to the evidence of the Defendant, were normally issued to carpenters employed on work, such as that alleged, in a ship and which, on completion of the work, would have been surrendered by the worker or the carpenter in return for his wages.

2. In the light of these circumstances, the judge found that although the Plaintiffs had worked for substantially the period named in the Statement of Claim, subject to some minor modifications, they had, as the defendant alleged, been paid for that work and there was nothing still owing to them. However, he had anxieties about his judgment and shortly afterwards in pursuance of the powers conferred upon him by section 22 of the District Court Ordinance, he notified the parties that he was proposing to review it. As a result of that notification, the...

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