MO SUI CHUN v. 田心石油氣爐具工程公司 o/b EASTERN CREATOR LTD AND ANOTHER

MO SUI CHUN v. 田心石油氣爐具工程公司 o/b EASTERN CREATOR LTD AND ANOTHER

The court held that the 2nd Respondent (Mr Yang) was not personally liable because the employer was a limited company (or companies) operating Tin Sum and the director's involvement did not pierce the corporate veil or create an employer/employee relationship; the 1st Respondent was liable and quantum was set adopting the claimant's accepted salary and the medical assessor's 5% loss of earning capacity leading to an award totalling HKD 117,534 plus interest and costs.

Citation
MO SUI CHUN v. 田心石油氣爐具工程公司 o/b EASTERN CREATOR LTD AND ANOTHER
Parties
Claimant: Miss Mo; 1st Respondent: 1st Respondent (holding company of Tin Sum); 2nd Respondent: Mr Yang (Yang Kwok-keung)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 December 2004
Case Number
DCEC897/2003
Procedural Posture
Employees Compensation / Personal Injury / Final Judgment
Outcome
Claim against 2nd Respondent dismissed; claim against 1st Respondent allowed in part
Legal Topics
Employees Compensation Ordinance, Employment Relationship, Piercing Corporate Veil, Quantum of Damages, Medical Assessment
Source Language
EN
Employment Law Personal Injury Corporate Law Statutory Compensation Employees Compensation Ordinance Employment Relationship Piercing Corporate Veil Quantum of Damages +1 more

Case Brief

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Parties

Miss Mo

Claimant

1st Respondent (holding company of Tin Sum)

1st Respondent

Mr Yang (Yang Kwok-keung)

2nd Respondent

Procedural Posture

Employees Compensation / Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the 2nd Respondent was the claimant's employer and personally liable
  2. 2 Whether limited companies operating the business created sole corporate employer liability
  3. 3 Appropriate assessment of loss of earning capacity and sick pay quantum

Ratio Decidendi

The court held that the 2nd Respondent (Mr Yang) was not personally liable because the employer was a limited company (or companies) operating Tin Sum and the director's involvement did not pierce the corporate veil or create an employer/employee relationship; the 1st Respondent was liable and quantum was set adopting the claimant's accepted salary and the medical assessor's 5% loss of earning capacity leading to an award totalling HKD 117,534 plus interest and costs.

Court Disposition

Claim against 2nd Respondent dismissed; claim against 1st Respondent allowed in part

Orders

  • Judgment for claimant against 1st Respondent in the sum of HKD 117,534
  • Interest on HKD 117,534 at 4% per annum from date of accident (10 July 2002) to date of judgment (28 December 2004), thereafter at judgment rate until full payment