NG WING KWONG v. LEE WAI KIU t/a “好味道荼餐廳”AND ANOTHER

NG WING KWONG v. LEE WAI KIU t/a “好味道荼餐廳”AND ANOTHER

Court accepted plaintiff's evidence of monthly earnings HK$18,200; accepted experts' common assessment of 12% loss of earning capacity for s9 and that reasonable sick leave is 26 months for s10; awarded s9 HK$104,832, s10 HK$378,560 and s10A HK$12,000 (total HK$495,392) with interest at half judgment rate from date of accident to judgment and judgment rate thereafter; in the personal injury action awarded PSLA HK$500,000, pre-trial loss of earnings HK$496,860, loss of earning capacity HK$109,200, special damages HK$42,500 and future expenses HK$10,000 (total HK$1,158,560) with specified interest and a costs order nisi in favour of the plaintiff against the 1st defendant, no order between...

Citation
[2021] HKDC 1430
Parties
Plaintiff/applicant: NG WING KWONG; 1st Defendant/1st Respondent (in Person/absent): LEE WAI KIU trading as 好味道茶餐廳; 2nd Defendant/2nd Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2021
Case Number
DCPI1819/2020
Procedural Posture
Personal Injury Action (dcpi 1819/2020) and Employees' Compensation Application (dcec 1593/2018) Heard Together / Assessment of Quantum and Judgment (assessment of Damages and Compensation)
Outcome
Judgment for the plaintiff on both proceedings; assessment of compensation and damages as set out; costs order nisi in favour of the plaintiff against the 1st defendant; no order of costs between plaintiff and the Board; plaintiff's own costs taxed under Legal Aid Regulations.
Legal Topics
Assessment of Damages, Compensation Under Employees' Compensation Ordinance, Loss of Earnings and Sick Leave, Interest and Costs
Source Language
EN
Personal Injury Employment Law Workers' Compensation Civil Procedure Assessment of Damages Compensation Under Employees' Compensation Ordinance Loss of Earnings and Sick Leave Interest and Costs

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Parties

NG WING KWONG

Plaintiff/applicant

LEE WAI KIU trading as 好味道茶餐廳

1st Defendant/1st Respondent (in Person/absent)

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

2nd Defendant/2nd Respondent

Procedural Posture

Personal Injury Action (dcpi 1819/2020) and Employees' Compensation Application (dcec 1593/2018) Heard Together / Assessment of Quantum and Judgment (assessment of Damages and Compensation)

Legal Issues

  1. 1 Quantum of compensation under sections 9, 10 and 10A of the Employees' Compensation Ordinance (ECO)
  2. 2 Appropriate sick leave period for pre-trial loss of earnings
  3. 3 Assessment of loss of earning capacity

Ratio Decidendi

Court accepted plaintiff's evidence of monthly earnings HK$18,200; accepted experts' common assessment of 12% loss of earning capacity for s9 and that reasonable sick leave is 26 months for s10; awarded s9 HK$104,832, s10 HK$378,560 and s10A HK$12,000 (total HK$495,392) with interest at half judgment rate from date of accident to judgment and judgment rate thereafter; in the personal injury action awarded PSLA HK$500,000, pre-trial loss of earnings HK$496,860, loss of earning capacity HK$109,200, special damages HK$42,500 and future expenses HK$10,000 (total HK$1,158,560) with specified interest and a costs order nisi in favour of the plaintiff against the 1st defendant, no order between...

Court Disposition

Judgment for the plaintiff on both proceedings; assessment of compensation and damages as set out; costs order nisi in favour of the plaintiff against the 1st defendant; no order of costs between plaintiff and the Board; plaintiff's own costs taxed under Legal Aid Regulations.

Orders

  • DCEC 1593/2018 awards: Section 9 compensation HK$104,832; Section 10 compensation HK$378,560; Section 10A medical expenses HK$12,000; Total HK$495,392 with interest at half judgment rate from date of accident to date of judgment and judgment rate thereafter.
  • DCPI 1819/2020 awards: Pain, suffering and loss of amenity (PSLA) HK$500,000 with 2% p.a. interest from date of service of writ (15 June 2020) to date of judgment; Pre-trial loss of earnings HK$496,860 and special damages HK$42,500 with interest at half judgment rate from date of accident to date of judgment; Loss...