NG CHI LUN v. EASY POINT LOGISTICS LTD

NG CHI LUN v. EASY POINT LOGISTICS LTD

The court accepted the applicant's unchallenged affirmation and, applying section 10(1), (4) and (5) of the Employees Compensation Ordinance, ordered the respondent to continue periodical payments during the sick leave period but ruled that such payments shall not be payable for any period commencing from 8 September 2011; costs awarded to the applicant with applicant's own costs to be taxed under Legal Aid Regulations.

Citation
NG CHI LUN v. EASY POINT LOGISTICS LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 November 2010
Case Number
DCEC1053/2010
Procedural Posture
Application for Periodical Payments Under Employees Compensation Ordinance, Cap.282 / Hearing and Decision in District Court (30 November 2010)
Outcome
Application granted in part; respondent ordered to continue periodical payments subject to cutoff date; costs awarded to applicant.
Legal Topics
Periodical Payments, Sick Leave Payments, Costs, Legal Aid
Source Language
EN
Employment Law Workers' Compensation Civil Procedure Periodical Payments Sick Leave Payments Costs Legal Aid

Case Brief

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Procedural Posture

Application for Periodical Payments Under Employees Compensation Ordinance, Cap.282 / Hearing and Decision in District Court (30 November 2010)

Legal Issues

  1. 1 Whether the respondent must continue periodical payments under section 10(1), (4) and (5) of the Employees Compensation Ordinance, Cap.282
  2. 2 Whether periodical payments shall cease from 8 September 2011
  3. 3 Entitlement to costs and taxation of applicant's own costs under Legal Aid Regulations

Ratio Decidendi

The court accepted the applicant's unchallenged affirmation and, applying section 10(1), (4) and (5) of the Employees Compensation Ordinance, ordered the respondent to continue periodical payments during the sick leave period but ruled that such payments shall not be payable for any period commencing from 8 September 2011; costs awarded to the applicant with applicant's own costs to be taxed under Legal Aid Regulations.

Court Disposition

Application granted in part; respondent ordered to continue periodical payments subject to cutoff date; costs awarded to applicant.

Orders

  • The Respondent do continue to make periodical payments to the Applicant during the sick leave period pursuant to section 10(1), (4) and (5) of the Employees Compensation Ordinance, Cap.282, but such periodical payments shall not be payable for any period commencing from 8 September 2011.
  • The costs of this application be to the Applicant.