WONG KAM SHU v. NG WAI ON AND OTHERS

WONG KAM SHU v. NG WAI ON AND OTHERS

Applicant found credible; evidence established that 1st Respondent worked as contractor for 2nd Respondent and 2nd Respondent was liable as employer/sub-contractor under s.24 Cap.282; damages calculated on agreed earnings and accepted 20% permanent loss producing awards under s.9, s.10 and s.10A totalling HK$222,769; interest and costs ordered as specified.

Citation
WONG KAM SHU v. NG WAI ON AND OTHERS
Parties
Applicant: Applicant; 1st Respondent: 1st Respondent; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 April 2009
Case Number
DCEC21/2006
Procedural Posture
Employee Compensation Ordinance Claim (appeal Against Certificate of Review of Assessment) / Trial Judgment Delivered
Outcome
Judgment for Applicant. 2nd Respondent liable under s.24 Cap.282; interlocutory judgments entered against 1st and 3rd Respondents; damages awarded with interest; costs to be borne by 1st, 2nd and 3rd Respondents and taxed if not agreed; Applicant's legal aid costs taxed under Legal Aid Regulations.
Legal Topics
Employee Compensation Ordinance (cap.282), Liability of Subcontractor Under S.24, Assessment of Permanent and Temporary Incapacity, Medical Expenses (s.10 A), Interest and Costs Allocation
Source Language
EN
Employment Law Workers' Compensation Personal Injury Law Employee Compensation Ordinance (cap.282) Liability of Subcontractor Under S.24 Assessment of Permanent and Temporary Incapacity Medical Expenses (s.10 A) Interest and Costs Allocation

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Applicant

Applicant

1st Respondent

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

Procedural Posture

Employee Compensation Ordinance Claim (appeal Against Certificate of Review of Assessment) / Trial Judgment Delivered

Legal Issues

  1. 1 Whether the 2nd Respondent is liable as employer/sub-contractor under section 24 Cap.282
  2. 2 Quantum of compensation under Sections 9, 10 and 10A of Cap.282
  3. 3 entitlement to interest and costs and apportionment among respondents

Ratio Decidendi

Applicant found credible; evidence established that 1st Respondent worked as contractor for 2nd Respondent and 2nd Respondent was liable as employer/sub-contractor under s.24 Cap.282; damages calculated on agreed earnings and accepted 20% permanent loss producing awards under s.9, s.10 and s.10A totalling HK$222,769; interest and costs ordered as specified.

Court Disposition

Judgment for Applicant. 2nd Respondent liable under s.24 Cap.282; interlocutory judgments entered against 1st and 3rd Respondents; damages awarded with interest; costs to be borne by 1st, 2nd and 3rd Respondents and taxed if not agreed; Applicant's legal aid costs taxed under Legal Aid Regulations.

Orders

  • Award of HK$169,920 under Section 9 (permanent partial incapacity)
  • Award of HK$52,549 under Section 10 (temporary partial incapacity)