LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

The court accepted the SJE orthopaedic evidence that the plaintiff sustained mild head and soft tissue neck/back injuries with adjustment disorder, that monthly earnings for compensation should be calculated at $28,600 using a flexible approach, that reasonable sick leave is 12 months, that permanent loss of earning capacity is 6.5%, and awarded employees compensation of HKD 352,144 and net common law damages of HKD 1,090,460; the plaintiff's voluminous witness statement was largely struck out and costs sanctions ordered against his solicitors for the WS application.

Citation
[2025] HKDC 324
Parties
Applicant / Plaintiff: Lam Tun Wa; 1st Respondent / 1st Defendant (employer): San Hing Drill Cut Engineering Company Limited; 2nd Respondent / 2nd Defendant (principal Contractor): Jun Wei Decoration Engineering Limited; 3rd Defendant (owner of Premises): Tsoi Ying Kit; 4th Defendant / 3rd Respondent (fund Board): Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2025
Case Number
DCEC475/2022
Procedural Posture
Employees Compensation and Personal Injury Claims (assessment of Compensation and Damages) / Assessment Hearing Following Interlocutory Judgment in Default; Compensation and Damages to Be Assessed
Outcome
Judgment on assessment: awards made for employees compensation and common law damages in favour of the plaintiff; interlocutory judgments in default previously entered against other defendants remain; various procedural orders including striking out and redaction of witness statement and costs orders.
Legal Topics
Employees Compensation Ordinance, Quantum Assessment, Permanent Loss of Earning Capacity, Admissibility of Witness Statements, Sick Role Doctrine, Costs Sanctions
Source Language
EN
Employment Law Personal Injury Tort Civil Procedure Medical Expert Evidence Costs Employees Compensation Ordinance Quantum Assessment +4 more

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Parties

Lam Tun Wa

Applicant / Plaintiff

San Hing Drill Cut Engineering Company Limited

1st Respondent / 1st Defendant (employer)

Jun Wei Decoration Engineering Limited

2nd Respondent / 2nd Defendant (principal Contractor)

Tsoi Ying Kit

3rd Defendant (owner of Premises)

Employees Compensation Assistance Fund Board

4th Defendant / 3rd Respondent (fund Board)

Procedural Posture

Employees Compensation and Personal Injury Claims (assessment of Compensation and Damages) / Assessment Hearing Following Interlocutory Judgment in Default; Compensation and Damages to Be Assessed

Legal Issues

  1. 1 Proper method to calculate monthly earnings under s11 ECO
  2. 2 Appropriate duration of sick leave for s10 calculation
  3. 3 Assessment of permanent loss of earning capacity (LEC)

Ratio Decidendi

The court accepted the SJE orthopaedic evidence that the plaintiff sustained mild head and soft tissue neck/back injuries with adjustment disorder, that monthly earnings for compensation should be calculated at $28,600 using a flexible approach, that reasonable sick leave is 12 months, that permanent loss of earning capacity is 6.5%, and awarded employees compensation of HKD 352,144 and net common law damages of HKD 1,090,460; the plaintiff's voluminous witness statement was largely struck out and costs sanctions ordered against his solicitors for the WS application.

Court Disposition

Judgment on assessment: awards made for employees compensation and common law damages in favour of the plaintiff; interlocutory judgments in default previously entered against other defendants remain; various procedural orders including striking out and redaction of witness statement and costs orders.

Orders

  • Amendment Application allowed by consent; amendment to earnings adopted without necessity of formal amendment
  • Lam's witness statement largely expunged; Lam to file redacted version within 2 days; service of redacted WS dispensed with