AHMAD BILAL v. KWAN WING LOK (Bankrupt) AND ANOTHER

AHMAD BILAL v. KWAN WING LOK (Bankrupt) AND ANOTHER

The Board's Form 7 assessment of 3% loss of earning capacity is final and binding; the court accepts the applicant's March 2018 earnings of HK$31,800 (supported by bank receipt and applying s11(1) ECO in favour of employee) and applies statutory formulas under the ECO to award HK$81,676.80 (s9), HK$214,544 (s10) and...

Source-derived case information.

Citation
[2020] HKDC 27
Parties
Applicant: Ahmad Bilal; 1st Respondent (bankrupt, Acted in Person): Kwan Wing Lok; 2nd Respondent: Dal Design Office Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 January 2020
Case Number
DCEC1597/2018
Procedural Posture
Employees' Compensation / Assessment of Compensation (post Liability Interlocutory Judgment)
Outcome
Assessment of compensation awarded in favour of applicant against 2nd respondent Dal Design Office Limited in the sum of HK$296,315.80; interest and costs awarded.
Legal Topics
Employees' Compensation Ordinance, Assessment of Compensation, Calculation of Loss of Earning Capacity, Temporary Incapacity, Medical Expenses, Interest on Judgment
Source Language
en
Employment Law Personal Injury Statutory Compensation Civil Procedure Employees' Compensation Ordinance Assessment of Compensation Calculation of Loss of Earning Capacity Temporary Incapacity +2 more

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Parties

Ahmad Bilal

Applicant

Kwan Wing Lok

1st Respondent (bankrupt, Acted in Person)

Dal Design Office Limited

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (post Liability Interlocutory Judgment)

Legal Issues

  1. 1 Whether the Board's assessment of 3% loss of earning capacity is binding and applicable
  2. 2 Which monthly earnings figure should be used for compensation calculation
  3. 3 Calculation of temporary incapacity compensation for 253 days' sick leave

Ratio Decidendi

The Board's Form 7 assessment of 3% loss of earning capacity is final and binding; the court accepts the applicant's March 2018 earnings of HK$31,800 (supported by bank receipt and applying s11(1) ECO in favour of employee) and applies statutory formulas under the ECO to award HK$81,676.80 (s9), HK$214,544 (s10) and HK$95 (s10A), totalling HK$296,315.80, with interest and costs awarded against the 2nd respondent.

Court Disposition

Assessment of compensation awarded in favour of applicant against 2nd respondent Dal Design Office Limited in the sum of HK$296,315.80; interest and costs awarded.

Orders

  • 2nd respondent to pay the applicant HK$296,315.80 as assessed compensation
  • Interest to accrue on the sum at half judgment rate from 23 April 2018 up to date of judgment and thereafter at judgment rate until payment in full