LEUNG SIU KAM v. 梁國強 AND ANOTHER

LEUNG SIU KAM v. 梁國強 AND ANOTHER

The settlement was void under s31(1) ECO because the minimum statutory entitlement calculated from the evidence ($70,933) exceeded the settlement sum ($59,980); duress allegation rejected on credibility grounds; on quantum the court accepted a 4% permanent impairment (s9) and awarded statutory temporary incapacity payments (s10) with set-off for amounts already received, resulting in net compensation of $74,793 plus interest and costs orders as specified.

Citation
[2021] HKDC 1177
Parties
Applicant (employee): Leung Siu Kam; 1st Respondent (employer): 梁國強; 2nd Respondent (fund Board): Employees’ Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 October 2021
Case Number
DCEC2917/2017
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance Cap 282 / District Court Judgment
Outcome
Judgment for applicant against 1st respondent; settlement held void under s31(1) ECO; applicant awarded statutory compensation with set-off; duress not proven; costs orders made as to 1st respondent and none against Board.
Legal Topics
Employees Compensation Ordinance S31 Nullity of Agreements, Settlement Agreement Validity, Duress, Quantum of Compensation, Periodical Payments Under S10, Role of Compensation Assistance Fund
Source Language
EN
Employment Law Workers' Compensation Contract Law Civil Procedure Evidence Employees Compensation Ordinance S31 Nullity of Agreements Settlement Agreement Validity Duress +3 more

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Parties

Leung Siu Kam

Applicant (employee)

梁國強

1st Respondent (employer)

Employees’ Compensation Assistance Fund Board

2nd Respondent (fund Board)

Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance Cap 282 / District Court Judgment

Legal Issues

  1. 1 Whether the private settlement agreement is null and void under s31(1) ECO by reference to the minimum statutory entitlements
  2. 2 Whether the settlement was procured by duress
  3. 3 Assessment of quantum under s9 (permanent loss) and s10 (temporary incapacity) and set-off for sums received

Ratio Decidendi

The settlement was void under s31(1) ECO because the minimum statutory entitlement calculated from the evidence ($70,933) exceeded the settlement sum ($59,980); duress allegation rejected on credibility grounds; on quantum the court accepted a 4% permanent impairment (s9) and awarded statutory temporary incapacity payments (s10) with set-off for amounts already received, resulting in net compensation of $74,793 plus interest and costs orders as specified.

Court Disposition

Judgment for applicant against 1st respondent; settlement held void under s31(1) ECO; applicant awarded statutory compensation with set-off; duress not proven; costs orders made as to 1st respondent and none against Board.

Orders

  • 1st respondent to pay applicant compensation of HKD 36,480 under section 9 ECO (permanent impairment)
  • 1st respondent to pay applicant periodical payments under section 10 ECO totalling HKD 98,293