NG CHIU WING (吳朝榮) v. YIP HOI CHING (葉海青)及另二人

NG CHIU WING (吳朝榮) v. YIP HOI CHING (葉海青)及另二人

The District Judge accepted the Applicant's evidence as credible, rejected contradictory evidence of the 1st Respondent and witness, found the Applicant was employed in circumstances giving rise to liability under the Employees Compensation Ordinance by the 1st, 2nd and 3rd Respondents jointly and severally, applied the Hong Kong Paper Mills formula with a 63.18% loss of earning capacity and a 72‑month multiplier, and awarded aggregate compensation with specified interest and costs.

Citation
NG CHIU WING (吳朝榮) v. YIP HOI CHING (葉海青)及另二人
Parties
Applicant: Applicant; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 June 2010
Case Number
DCEC434/2008
Procedural Posture
Employees Compensation Ordinance Claim; Appeal Against Board Assessment / Judgment (district Court) 1 June 2010
Outcome
Appeal allowed in part; judgment entered for the Applicant against the 1st, 2nd and 3rd Respondents
Legal Topics
Compensation Assessment, Employee V Independent Contractor Status, Joint and Several Liability, Loss of Earning Capacity Calculation, Interest and Costs
Source Language
EN
Employment Law Workers' Compensation Personal Injury Occupational Injury Subcontractor Liability Compensation Assessment Employee V Independent Contractor Status Joint and Several Liability +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Applicant

Applicant

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

Procedural Posture

Employees Compensation Ordinance Claim; Appeal Against Board Assessment / Judgment (district Court) 1 June 2010

Legal Issues

  1. 1 Whether the Applicant was an employee or an independent contractor for purposes of the Employees Compensation Ordinance
  2. 2 Whether the 1st, 2nd and 3rd Respondents are liable to pay compensation under sections 9, 10 and 10A of the Ordinance
  3. 3 Appropriate assessment of loss of earning capacity and quantum of compensation

Ratio Decidendi

The District Judge accepted the Applicant's evidence as credible, rejected contradictory evidence of the 1st Respondent and witness, found the Applicant was employed in circumstances giving rise to liability under the Employees Compensation Ordinance by the 1st, 2nd and 3rd Respondents jointly and severally, applied the Hong Kong Paper Mills formula with a 63.18% loss of earning capacity and a 72‑month multiplier, and awarded aggregate compensation with specified interest and costs.

Court Disposition

Appeal allowed in part; judgment entered for the Applicant against the 1st, 2nd and 3rd Respondents

Orders

  • 1st, 2nd and 3rd Respondents to pay the Applicant jointly and severally HKD 850,553.56 within 14 days from judgment with interest: 50% judgment rate from 22.10.2005 to 31.5.2010 and at judgment rate from 1.6.2010 until satisfaction
  • Order nisi that 1st, 2nd and 3rd Respondents pay costs of the action to the Applicant, jointly and severally, to be taxed if not agreed with certificate for counsel; Applicant's own costs to be taxed in accordance with Legal Aid Regulations; order to be made absolute within 14 days