LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD

LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD

Judge found the claimant not credible due to inconsistencies, contradictions and implausible conduct; rejected that the alleged 17 March 2006 accident occurred in the manner claimed or that it caused any new or aggravated injury; on balance of probabilities claimant failed to prove liability and both personal injury and employees' compensation claims were dismissed.

Citation
LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD
Parties
Plaintiff/applicant: Lee Sau Fat; Defendant/respondent: F. H. Security Services Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 June 2010
Case Number
DCPI1471/2008
Procedural Posture
Personal Injuries; Employees Compensation / Judgment (district Court)
Outcome
Both personal injury and employees' compensation claims dismissed for failure to prove liability
Legal Topics
Employer's Liability, Causation, Credibility Assessment, Reporting of Workplace Accidents, Costs and Taxation
Source Language
EN
Personal Injury Employment Law Employees Compensation Negligence Employer's Liability Causation Credibility Assessment Reporting of Workplace Accidents +1 more

Case Brief

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Parties

Lee Sau Fat

Plaintiff/applicant

F. H. Security Services Company Limited

Defendant/respondent

Procedural Posture

Personal Injuries; Employees Compensation / Judgment (district Court)

Legal Issues

  1. 1 Whether the alleged third accident of 17 March 2006 occurred
  2. 2 Whether any alleged accident caused fresh or aggravated injuries to the applicant
  3. 3 Whether the employer (FH) was negligent or vicariously liable

Ratio Decidendi

Judge found the claimant not credible due to inconsistencies, contradictions and implausible conduct; rejected that the alleged 17 March 2006 accident occurred in the manner claimed or that it caused any new or aggravated injury; on balance of probabilities claimant failed to prove liability and both personal injury and employees' compensation claims were dismissed.

Court Disposition

Both personal injury and employees' compensation claims dismissed for failure to prove liability

Orders

  • Plaintiff/Applicant to pay the Defendant/Respondent's costs, to be taxed if not agreed, with a certificate for counsel
  • Plaintiff/Applicant's own costs to be taxed in accordance with the Legal Aid Regulations