CHU CHUNG MAN v. EAST ASIA MOVING LTD

CHU CHUNG MAN v. EAST ASIA MOVING LTD

On the balance of probabilities the claimant was an employee of East Asia and did participate in the moving job and sustained the injury; the employer was not negligent because the safer two‑porter method was obvious and it was reasonable to leave the on‑the‑spot choice to experienced porters, therefore the employees' compensation claim succeeds but the personal injury action in negligence fails; the Form 9 assessment (1.5% loss of earning capacity) is not displaced.

Citation
[2020] HKDC 362
Parties
Applicant/plaintiff: Chu Chung Man; Respondent/defendant: East Asia Moving Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2020
Case Number
DCEC883/2015
Procedural Posture
Employees' Compensation Claim and Personal Injury Action Heard Together / Trial Judgment
Outcome
Employees' compensation claim allowed; personal injury claim dismissed; appeal against Form 9 dismissed.
Legal Topics
Employer Liability, Negligence, Contributory Negligence, Loss of Earning Capacity, Quantum Assessment, Evidence and Witness Credibility, Appeal From Assessment Board (form 9)
Source Language
EN
Employment Law Personal Injury Tort Workers' Compensation Civil Procedure Employer Liability Negligence Contributory Negligence +4 more

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Parties

Chu Chung Man

Applicant/plaintiff

East Asia Moving Limited

Respondent/defendant

Procedural Posture

Employees' Compensation Claim and Personal Injury Action Heard Together / Trial Judgment

Legal Issues

  1. 1 Was claimant an employee at time of accident?
  2. 2 Did claimant participate in the moving job and sustain the alleged injury?
  3. 3 Was employer negligent in organising/supervising the move?

Ratio Decidendi

On the balance of probabilities the claimant was an employee of East Asia and did participate in the moving job and sustained the injury; the employer was not negligent because the safer two‑porter method was obvious and it was reasonable to leave the on‑the‑spot choice to experienced porters, therefore the employees' compensation claim succeeds but the personal injury action in negligence fails; the Form 9 assessment (1.5% loss of earning capacity) is not displaced.

Court Disposition

Employees' compensation claim allowed; personal injury claim dismissed; appeal against Form 9 dismissed.

Orders

  • Judgment for claimant on Employees' Compensation Claim in the sum of HK$116,681.
  • Interest on HK$116,681 at half‑judgment rate from 15 December 2014 to date of judgment (29 May 2020) and thereafter at judgment rate until payment in full.