RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

The court admitted Dr Li's reports (granting retrospective leave for the 2nd report but refused leave for the 3rd witness statement), computed pre-accident monthly earnings at HK$8,280 based on contemporaneous payroll/time records and reasonable allowances, allowed the appeal from MAB and assessed loss of earning capacity at 5%, awarded PSLA HK$180,000, assessed special and future expenses (past medical/travel HK$3,490; future physiotherapy and gadget HK$1,650; travel for physiotherapy HK$144), set gross common law damages at HK$312,427 and reduced that sum by statutory compensation payable under the Ordinance of HK$113,829 pursuant to s.26(1) leaving net damages HK$198,598, and made...

Citation
RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE
Parties
Applicant/plaintiff: Rukhsar Begum; Respondent/defendant: Native English Center Limited trading as The Green Lounge
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 April 2017
Case Number
DCPI2243/2015
Procedural Posture
Employees Compensation and Personal Injuries (district Court) / Trial Judgment (handed Down 3 April 2017)
Outcome
Judgment for Applicant/Plaintiff with awards and costs orders as set out
Legal Topics
Employees Compensation Ordinance, Loss of Earning Capacity, Assessment of Damages, Admission of Expert Evidence, Witness Statements and Leave, Costs Apportionment, Reduction of Common Law Damages by Statutory Compensation
Source Language
EN
Employment Law Personal Injury Civil Procedure Costs Employees Compensation Ordinance Loss of Earning Capacity Assessment of Damages Admission of Expert Evidence +3 more

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Parties

Rukhsar Begum

Applicant/plaintiff

Native English Center Limited trading as The Green Lounge

Respondent/defendant

Procedural Posture

Employees Compensation and Personal Injuries (district Court) / Trial Judgment (handed Down 3 April 2017)

Legal Issues

  1. 1 Admissibility of retrospective expert report and supplemental witness statements
  2. 2 Whether 3rd witness statement should be admitted without leave
  3. 3 Calculation of pre-accident earnings for a very short period of employment

Ratio Decidendi

The court admitted Dr Li's reports (granting retrospective leave for the 2nd report but refused leave for the 3rd witness statement), computed pre-accident monthly earnings at HK$8,280 based on contemporaneous payroll/time records and reasonable allowances, allowed the appeal from MAB and assessed loss of earning capacity at 5%, awarded PSLA HK$180,000, assessed special and future expenses (past medical/travel HK$3,490; future physiotherapy and gadget HK$1,650; travel for physiotherapy HK$144), set gross common law damages at HK$312,427 and reduced that sum by statutory compensation payable under the Ordinance of HK$113,829 pursuant to s.26(1) leaving net damages HK$198,598, and made...

Court Disposition

Judgment for Applicant/Plaintiff with awards and costs orders as set out

Orders

  • Employees Compensation payable to applicant assessed at HK$113,829
  • Common law damages awarded (gross) to plaintiff HK$312,427