CHOI SIN FUN AND ANOTHER v. CHARTERED ENVIRONMENTALIST LTD AND ANOTHER

CHOI SIN FUN AND ANOTHER v. CHARTERED ENVIRONMENTALIST LTD AND ANOTHER

On the balance of probabilities the court found the Deceased was the employee of the 2nd Respondent and the 1st Respondent was the principal contractor; both respondents were therefore jointly liable under the Employees' Compensation Ordinance for statutory compensation and funeral expenses. The court awarded HK$771,160 as employees' compensation and HK$35,000 for funeral expenses, ordered interest at half the District Court judgment rate from the relevant dates to judgment and full judgment rate thereafter, awarded costs, and apportioned 95% of the compensation to the mother and 5% to the brother pursuant to section 6A.

Citation
CHOI SIN FUN AND ANOTHER v. CHARTERED ENVIRONMENTALIST LTD AND ANOTHER
Parties
Applicant (mother of the Deceased): Choi Sin Fun; Applicant (brother of the Deceased): Ng Chi Ho; 1st Respondent (principal Contractor): Chartered Environmentalist Limited (formerly Luen Fat Construction Limited); 2nd Respondent (employer): Ng Ka Wai (formerly trading as Co-Agent Electrical Project Company)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 October 2008
Case Number
DCEC1000/2007
Procedural Posture
Employees Compensation / Judgment
Outcome
Judgment for the Applicants; 1st and 2nd Respondents held jointly liable
Legal Topics
Statutory Compensation, Employees Compensation Ordinance, Compulsory Insurance, Liability of Principal Contractor, Interest on Judgment, Apportionment of Award, Employees Compensation Assistance Board
Source Language
EN
Employment Law Workers' Compensation Insurance Law Labour Law Statutory Compensation Employees Compensation Ordinance Compulsory Insurance Liability of Principal Contractor +3 more

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Parties

Choi Sin Fun

Applicant (mother of the Deceased)

Ng Chi Ho

Applicant (brother of the Deceased)

Chartered Environmentalist Limited (formerly Luen Fat Construction Limited)

1st Respondent (principal Contractor)

Ng Ka Wai (formerly trading as Co-Agent Electrical Project Company)

2nd Respondent (employer)

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the Deceased was an employee of the 2nd Respondent at the time of the accident
  2. 2 Whether the 1st Respondent was the principal contractor and jointly liable for employees' compensation
  3. 3 Whether the 2nd Respondent breached the compulsory insurance requirement under the Ordinance

Ratio Decidendi

On the balance of probabilities the court found the Deceased was the employee of the 2nd Respondent and the 1st Respondent was the principal contractor; both respondents were therefore jointly liable under the Employees' Compensation Ordinance for statutory compensation and funeral expenses. The court awarded HK$771,160 as employees' compensation and HK$35,000 for funeral expenses, ordered interest at half the District Court judgment rate from the relevant dates to judgment and full judgment rate thereafter, awarded costs, and apportioned 95% of the compensation to the mother and 5% to the brother pursuant to section 6A.

Court Disposition

Judgment for the Applicants; 1st and 2nd Respondents held jointly liable

Orders

  • 1st and 2nd Respondents are jointly liable to pay employees' compensation of HK$771,160 to the Applicants under the Ordinance
  • 1st and 2nd Respondents are jointly liable to pay funeral expenses of HK$35,000 to the Applicants under the Ordinance