DAYAWON FE BATIANCILA v. CHIEN CHI TOEPKER

DAYAWON FE BATIANCILA v. CHIEN CHI TOEPKER

The court preferred the defendant's evidence over the claimant's, found the claimant failed to prove the alleged accident occurred as pleaded, therefore liability under the Employees' Compensation Ordinance and at common law was not established and the claims and related appeal were dismissed.

Citation
DAYAWON FE BATIANCILA v. CHIEN CHI TOEPKER
Parties
Plaintiff/applicant: Dayawon Fe Batiancila; Defendant/respondent: Toepker Chien Chi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2013
Case Number
DCEC1272/2010
Procedural Posture
Personal Injuries Action (dcpi 118/2012) and Employees' Compensation Action (dcec 1272/2010) / Judgment (trial Concluded)
Outcome
Claims dismissed in both the Employees' Compensation Action and the Personal Injuries Action; appeal against Form 7 dismissed
Legal Topics
Slip and Fall, Employees' Compensation, Negligence, Breach of Statutory Duty, Quantum of Damages, Burden of Proof
Source Language
EN
Personal Injury Employment Law Tort Contract Slip and Fall Employees' Compensation Negligence Breach of Statutory Duty +2 more

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Parties

Dayawon Fe Batiancila

Plaintiff/applicant

Toepker Chien Chi

Defendant/respondent

Procedural Posture

Personal Injuries Action (dcpi 118/2012) and Employees' Compensation Action (dcec 1272/2010) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether claimant suffered an accident arising out of and in the course of employment on 21 June 2010
  2. 2 Whether employer was negligent or in breach of contract or statutory/common duty of care
  3. 3 Causation between alleged accident and injuries

Ratio Decidendi

The court preferred the defendant's evidence over the claimant's, found the claimant failed to prove the alleged accident occurred as pleaded, therefore liability under the Employees' Compensation Ordinance and at common law was not established and the claims and related appeal were dismissed.

Court Disposition

Claims dismissed in both the Employees' Compensation Action and the Personal Injuries Action; appeal against Form 7 dismissed

Orders

  • Plaintiff's claims in DCEC 1272/2010 and DCPI 118/2012 dismissed
  • Plaintiff's appeal against Form 7 dismissed