AFTAB v. WAN WAI LEUNG t/a KWAN WONG INTERNATIONAL TRANSPORTATION CO AND ANOTHER

AFTAB v. WAN WAI LEUNG t/a KWAN WONG INTERNATIONAL TRANSPORTATION CO AND ANOTHER

Applying the established employee test the Applicant was an employee of the 1st Respondent under section 2 and therefore the 1st Respondent was liable under section 5; applying section 24 and authority in Wong Leung Tak the 2nd Respondent was a principal contractor because the delivery and unloading were in the course of its trade and therefore liable for the Applicant's compensation; quantum was assessed accordingly.

Citation
AFTAB v. WAN WAI LEUNG t/a KWAN WONG INTERNATIONAL TRANSPORTATION CO AND ANOTHER
Parties
Applicant: AFTAB; 1st Respondent: WAN WAI LEUNG trading as Kwan Wong International Transportation Company alternatively trading as Hop Hing Transportation Co.; 2nd Respondent: FAITH BUILDING MATERIAL & TRADING COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 November 2005
Case Number
DCEC780/2002
Procedural Posture
Employees Compensation Ordinance Claim / Judgment (23 November 2005)
Outcome
Judgment for the Applicant; 1st Respondent liable under section 5 and 2nd Respondent liable as principal contractor under section 24; Applicant awarded compensation and interest; costs to be taxed
Legal Topics
Employer Liability, Principal Contractor Liability, Employee Status Test, Indemnity Between Contractors, Service of Process, Quantum of Compensation
Source Language
EN
Employment Law Workers' Compensation Contract Law Employer Liability Principal Contractor Liability Employee Status Test Indemnity Between Contractors Service of Process +1 more

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Parties

AFTAB

Applicant

WAN WAI LEUNG trading as Kwan Wong International Transportation Company alternatively trading as Hop Hing Transportation Co.

1st Respondent

FAITH BUILDING MATERIAL & TRADING COMPANY LIMITED

2nd Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Judgment (23 November 2005)

Legal Issues

  1. 1 Whether the Applicant was an employee or an independent contractor
  2. 2 Whether the 2nd Respondent was a principal contractor liable under s24 of the Employees Compensation Ordinance
  3. 3 Quantum of compensation under sections 9, 10 and 10A

Ratio Decidendi

Applying the established employee test the Applicant was an employee of the 1st Respondent under section 2 and therefore the 1st Respondent was liable under section 5; applying section 24 and authority in Wong Leung Tak the 2nd Respondent was a principal contractor because the delivery and unloading were in the course of its trade and therefore liable for the Applicant's compensation; quantum was assessed accordingly.

Court Disposition

Judgment for the Applicant; 1st Respondent liable under section 5 and 2nd Respondent liable as principal contractor under section 24; Applicant awarded compensation and interest; costs to be taxed

Orders

  • Under Section 9 Permanent Disability HKD 21,840.00
  • Under Section 10 Sick Leave Pay HKD 11,093.30