CHENG KUI HEI t/a WILLIS CHENG & CO v. SHER WAHAB

CHENG KUI HEI t/a WILLIS CHENG & CO v. SHER WAHAB

The adjudicator erred in law by failing to consider the claim under section 25 of the Employees Compensation Ordinance; the statutory requirements were met on the undisputed evidence, so the appeal is allowed and judgment is entered for the appellant for the claimed sums with interest and costs.

Citation
CHENG KUI HEI t/a WILLIS CHENG & CO v. SHER WAHAB
Parties
Appellant/claimant: CHENG KUI HEI trading as WILLIS CHENG & CO.; Respondent/defendant: SHER WAHAB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2003
Case Number
HCSA46/2003
Procedural Posture
Appeal From Small Claims Tribunal / Final Judgment on Appeal
Outcome
Appeal allowed; judgment entered for appellant
Legal Topics
Employees Compensation Ordinance S.25, Negligence, Appeal for Error of Law, Costs and Interest
Source Language
EN
Tort Employment/workers' Compensation Civil Procedure Employees Compensation Ordinance S.25 Negligence Appeal for Error of Law Costs and Interest

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Parties

CHENG KUI HEI trading as WILLIS CHENG & CO.

Appellant/claimant

SHER WAHAB

Respondent/defendant

Procedural Posture

Appeal From Small Claims Tribunal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether defendant was liable under common law negligence for the accident
  2. 2 Whether appellant could recover amounts paid to employee under section 25 of the Employees Compensation Ordinance
  3. 3 Whether the Small Claims adjudicator erred in law by failing to consider section 25

Ratio Decidendi

The adjudicator erred in law by failing to consider the claim under section 25 of the Employees Compensation Ordinance; the statutory requirements were met on the undisputed evidence, so the appeal is allowed and judgment is entered for the appellant for the claimed sums with interest and costs.

Court Disposition

Appeal allowed; judgment entered for appellant

Orders

  • Judgment for the appellant in the sum of HK$19,925
  • Interest on HK$19,880 at the judgment rate from the date of filing of the claim with the Small Claims Tribunal up to payment