Gurung Bisan Bahadur v.Wui Shing Cargo Transportation Co Ltd & others

Gurung Bisan Bahadur v.Wui Shing Cargo Transportation Co Ltd & others

On the balance of probabilities the MPF documentation established that the applicant was employed by Seawell Transportation Development (HK) Limited from March 2001 until his injury in September 2001; therefore the 2nd respondent, as principal contractor, was liable for the employee's compensation claim and the 1st respondent was not liable. Documentary evidence outweighed the untested hearsay assertions.

Citation
Gurung Bisan Bahadur v.Wui Shing Cargo Transportation Co Ltd & others
Parties
1st Applicant: Gurung Bisan Bahadur; 1st Respondent: Wui Shing Cargo Transportation Company Limited; 2nd Respondent: Mid Stream Holdings (HK) Limited; 3rd Respondent: The Ming An Insurance Co. (HK) Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 April 2004
Case Number
DCEC665/2002
Procedural Posture
Employees Compensation / Judgment
Outcome
Judgment entered against the 2nd respondent (Mid Stream Holdings (HK) Limited) in favour of the applicant; 1st respondent not liable.
Legal Topics
Employer Identification, Liability of Principal Contractor, Admissibility and Weight of Hearsay Vs Documentary Evidence, Discovery Obligations, Costs Allocation
Source Language
EN
Employment Law Workers' Compensation Civil Procedure Evidence Insurance Law Employer Identification Liability of Principal Contractor Admissibility and Weight of Hearsay Vs Documentary Evidence +2 more

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Parties

Gurung Bisan Bahadur

1st Applicant

Wui Shing Cargo Transportation Company Limited

1st Respondent

Mid Stream Holdings (HK) Limited

2nd Respondent

The Ming An Insurance Co. (HK) Ltd.

3rd Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Who was the direct employer of the injured worker at time of injury
  2. 2 Whether the 1st respondent was liable or the 2nd respondent (principal) was liable
  3. 3 Proper weight to be given to MPF documentary evidence versus hearsay statements

Ratio Decidendi

On the balance of probabilities the MPF documentation established that the applicant was employed by Seawell Transportation Development (HK) Limited from March 2001 until his injury in September 2001; therefore the 2nd respondent, as principal contractor, was liable for the employee's compensation claim and the 1st respondent was not liable. Documentary evidence outweighed the untested hearsay assertions.

Court Disposition

Judgment entered against the 2nd respondent (Mid Stream Holdings (HK) Limited) in favour of the applicant; 1st respondent not liable.

Orders

  • Applicant to be awarded costs for the whole litigation; 2nd respondent to pay applicant's costs up to before commencement of trial
  • Costs for the first day of trial, including the 3rd respondent's application to intervene, to be borne by the 1st and 2nd respondents