廖卓輝 對 吳遠強

廖卓輝 對 吳遠強

The trial judge's acceptance of the applicant's credible evidence and rejection of the respondent's evidence was supported by material facts (registered ownership, provision of truck, payment of wages, rental of car park); the respondent failed to prove a clear error in those findings and failed to produce credible...

Source-derived case information.

Citation
廖卓輝 對 吳遠強
Parties
Applicant: 廖卓輝; Respondent: 吳遠強
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 June 2016
Case Number
CACV56/2015
Procedural Posture
Employees' Compensation Appeal (civil Appeal) / Appeal to High Court Court of Appeal — Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
Employee Compensation, Employment Status, Standard of Review on Appeal, Admissibility of Fresh Evidence
Source Language
ch
Employment Law Personal Injury Civil Procedure Appeals Employee Compensation Employment Status Standard of Review on Appeal Admissibility of Fresh Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

廖卓輝

Applicant

吳遠強

Respondent

Procedural Posture

Employees' Compensation Appeal (civil Appeal) / Appeal to High Court Court of Appeal — Judgment on Appeal

  1. 1 Whether the applicant was the respondent's employee
  2. 2 Whether the applicant's injury arose out of and in the course of employment
  3. 3 Whether the trial judge's factual and credibility findings were clearly erroneous

Ratio Decidendi

The trial judge's acceptance of the applicant's credible evidence and rejection of the respondent's evidence was supported by material facts (registered ownership, provision of truck, payment of wages, rental of car park); the respondent failed to prove a clear error in those findings and failed to produce credible fresh evidence from Li Mingcong, so the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Respondent's appeal dismissed.
  • Respondent ordered to pay the applicant's costs of the appeal.