TAM YUEN HOI v. 陳牧成 AND OTHERS

TAM YUEN HOI v. 陳牧成 AND OTHERS

The court adopted the High Court findings of fact that the applicant was an employee of the 1st respondent and that the accident occurred in the course of employment; accordingly the 1st, 2nd and 3rd respondents are liable under the Employees Compensation Ordinance. Quantum was fixed using the unappealed Assessment Board certificate (3% permanent loss) and statutory formulas for temporary incapacity and medical expenses. Interest was allowed at 2% from date of accident to judgment and full judgment rate thereafter. The 1st respondent must indemnify the 3rd respondent for the payment into court and bear costs as ordered.

Citation
TAM YUEN HOI v. 陳牧成 AND OTHERS
Parties
Applicant: Applicant; 1st Respondent (employer): 1st Respondent; 2nd Respondent (subcontractor): 2nd Respondent; 3rd Respondent (main Contractor): 3rd Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 February 2004
Case Number
DCEC1011/2000
Procedural Posture
District Court Employees Compensation (employees Compensation Ordinance Chapter 282) / Judgment
Outcome
Applicant's Employees Compensation claim allowed against the respondents; 1st respondent held liable to pay quantified compensation and to indemnify the 3rd respondent; costs awarded to applicant and 3rd respondent as specified.
Legal Topics
Employee Compensation, Liability of Contractors, Indemnity Between Parties, Assessment of Quantum Under S.9, S.10, S.10 a, Interest on Damages, Costs
Source Language
EN
Employment Law Personal Injury Tort Insurance/indemnity Civil Procedure Employee Compensation Liability of Contractors Indemnity Between Parties +3 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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Applicant

Applicant

1st Respondent

1st Respondent (employer)

2nd Respondent

2nd Respondent (subcontractor)

3rd Respondent

3rd Respondent (main Contractor)

Procedural Posture

District Court Employees Compensation (employees Compensation Ordinance Chapter 282) / Judgment

Legal Issues

  1. 1 Whether the applicant suffered an accident arising out of and in the course of employment under s.5 E.C. Ordinance
  2. 2 Whether the 1st, 2nd and 3rd respondents are liable under ss.3 and 24(1) of the E.C. Ordinance
  3. 3 Whether the District Court should adopt the High Court findings of fact

Ratio Decidendi

The court adopted the High Court findings of fact that the applicant was an employee of the 1st respondent and that the accident occurred in the course of employment; accordingly the 1st, 2nd and 3rd respondents are liable under the Employees Compensation Ordinance. Quantum was fixed using the unappealed Assessment Board certificate (3% permanent loss) and statutory formulas for temporary incapacity and medical expenses. Interest was allowed at 2% from date of accident to judgment and full judgment rate thereafter. The 1st respondent must indemnify the 3rd respondent for the payment into court and bear costs as ordered.

Court Disposition

Applicant's Employees Compensation claim allowed against the respondents; 1st respondent held liable to pay quantified compensation and to indemnify the 3rd respondent; costs awarded to applicant and 3rd respondent as specified.

Orders

  • Applicant awarded s.9 compensation of HKD 59,904
  • Applicant awarded s.10 temporary incapacity compensation of HKD 257,122.19