CHENG KA PIU v. WONG MING KWONG AND ANOTHER

CHENG KA PIU v. WONG MING KWONG AND ANOTHER

On the evidence the court found pre-accident monthly earnings to be HK$20,500 (derived from accepted daily rates, revised findings on working days and overtime), disallowed damages for alleged skin lesions because joint medical report found no evidential causal link and claimant failed to adduce contrary expert evidence, allowed specified sums under ECO (s9,s10,s10A), awarded PSLA HK$400,000, assessed sick leave and grace period, included MPF on a hypothetical basis, and ordered judgment for the plaintiff against Wong for the specified sums with interest; the Board's intervention was justified and no costs order was made against it.

Citation
[2021] HKDC 950
Parties
Applicant / Plaintiff: Cheng Ka Piu; 1st Respondent / 1st Defendant: Wong Ming Kwong (黃明光); 2nd Respondent (discontinued): 永昇工程有限公司; 3rd Respondent / 2nd Defendant: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 August 2021
Case Number
DCPI1619/2019
Procedural Posture
Employees' Compensation (dcec 516/2016) & Personal Injuries (dcpi 1619/2019) Quantum Assessment / Trial on Quantum and Judgment (assessment of Damages)
Outcome
Judgment entered for the plaintiff. DCEC 516/2016: HK$94,260; DCPI 1619/2019: HK$2,190,056.61 with interest as ordered; Board's intervention justified and no costs order against the Board.
Legal Topics
Assessment of Damages, Loss of Earnings, Permanent Impairment, Causation of Medical Conditions, Costs and Intervention by Public Fund, Amendment of Pleadings
Source Language
EN
Employees' Compensation Personal Injury Tort Civil Procedure Insurance/assistance Fund Assessment of Damages Loss of Earnings Permanent Impairment Causation of Medical Conditions +2 more

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Parties

Cheng Ka Piu

Applicant / Plaintiff

Wong Ming Kwong (黃明光)

1st Respondent / 1st Defendant

永昇工程有限公司

2nd Respondent (discontinued)

Employees Compensation Assistance Fund Board

3rd Respondent / 2nd Defendant

Procedural Posture

Employees' Compensation (dcec 516/2016) & Personal Injuries (dcpi 1619/2019) Quantum Assessment / Trial on Quantum and Judgment (assessment of Damages)

Legal Issues

  1. 1 Proper method and quantum of compensation under Employees' Compensation Ordinance (s9, s10, s10A)
  2. 2 Determination of pre-accident monthly earnings under s11(1)(b) ECO
  3. 3 Causation of alleged skin lesions and entitlement to related damages

Ratio Decidendi

On the evidence the court found pre-accident monthly earnings to be HK$20,500 (derived from accepted daily rates, revised findings on working days and overtime), disallowed damages for alleged skin lesions because joint medical report found no evidential causal link and claimant failed to adduce contrary expert evidence, allowed specified sums under ECO (s9,s10,s10A), awarded PSLA HK$400,000, assessed sick leave and grace period, included MPF on a hypothetical basis, and ordered judgment for the plaintiff against Wong for the specified sums with interest; the Board's intervention was justified and no costs order was made against it.

Court Disposition

Judgment entered for the plaintiff. DCEC 516/2016: HK$94,260; DCPI 1619/2019: HK$2,190,056.61 with interest as ordered; Board's intervention justified and no costs order against the Board.

Orders

  • DCEC 516/2016: judgment for plaintiff against Wong for HK$94,260 with interest at half judgment rate from 18 March 2014 to date of judgment and thereafter at judgment rate until payment
  • DCPI 1619/2019: judgment for plaintiff against Wong for HK$2,190,056.61 with interest on PSLA (HK$400,000) at 2% per annum from date of service of writ to date of judgment, and interest on pre-trial loss and special damages (HK$1,008,698.41) at half judgment rate from 18 March 2014 to date of judgment and thereafter...