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

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

The court rejected the claimant's account as not credible on the balance of probabilities given inconsistencies, delayed reporting and medical records; found no proven 3rd accident causing injury and dismissed both the personal injury and employees' compensation claims.

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
DCEC120/2007
Procedural Posture
Personal Injuries Action and Employees Compensation Claim / Judgment (trial Concluded)
Outcome
Both the personal injury action and the employees' compensation claim dismissed for failure to prove liability
Legal Topics
Negligence, Workers' Compensation Assessment, Witness Credibility, Delay in Reporting, Costs
Source Language
EN
Personal Injury Employment Law Employees' Compensation Evidence and Procedure Negligence Workers' Compensation Assessment Witness Credibility Delay in Reporting +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 Action and Employees Compensation Claim / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the alleged 3rd accident on 17 March 2006 occurred
  2. 2 Whether any such accident caused new or aggravated injuries to the claimant
  3. 3 Whether the employer was negligent or liable under the Employees' Compensation Ordinance

Ratio Decidendi

The court rejected the claimant's account as not credible on the balance of probabilities given inconsistencies, delayed reporting and medical records; found no proven 3rd accident causing injury and dismissed both the personal injury and employees' compensation claims.

Court Disposition

Both the personal injury action and the employees' compensation claim 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's own costs to be taxed in accordance with the Legal Aid Regulations.