CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD

CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD

Adjourn the assessment hearing for three months and fix a short directions hearing to allow the applicant to obtain independent orthopaedic expert evidence to determine future earning capacity and whether a s.9 claim under the Hong Kong Paper Mills formula can be made; costs of today's adjournment are reserved pending the outcome and may be disallowed if the expert evidence should have been obtained before the hearing due to omissions by legal aid counsel.

Citation
CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 November 2014
Case Number
DCEC1475/2012
Procedural Posture
Assessment of Damages Under Employees' Compensation Ordinance / First Day of a Two Day Assessment Hearing — Adjournment Application
Outcome
Assessment hearing adjourned for 3 months; short directions hearing to be fixed; costs reserved
Legal Topics
Employees' Compensation Ordinance S.9, Employees' Compensation Ordinance S.10 (sick Leave Period), Hong Kong Paper Mills Formula, Adjournment for Expert Evidence, Costs and Taxation
Source Language
EN
Employment Law Personal Injury Civil Procedure Legal Aid Employees' Compensation Ordinance S.9 Employees' Compensation Ordinance S.10 (sick Leave Period) Hong Kong Paper Mills Formula Adjournment for Expert Evidence +1 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Assessment of Damages Under Employees' Compensation Ordinance / First Day of a Two Day Assessment Hearing — Adjournment Application

Legal Issues

  1. 1 Whether the Hong Kong Paper Mills formula applies to calculate s.9 compensation where injuries fall outside the First Schedule of the ECO
  2. 2 Whether the sick leave period should be extended to 33 months instead of 24 months under s.10 ECO
  3. 3 Whether failure of legal aid counsel to obtain independent medical expert evidence justifies adjournment or adverse costs

Ratio Decidendi

Adjourn the assessment hearing for three months and fix a short directions hearing to allow the applicant to obtain independent orthopaedic expert evidence to determine future earning capacity and whether a s.9 claim under the Hong Kong Paper Mills formula can be made; costs of today's adjournment are reserved pending the outcome and may be disallowed if the expert evidence should have been obtained before the hearing due to omissions by legal aid counsel.

Court Disposition

Assessment hearing adjourned for 3 months; short directions hearing to be fixed; costs reserved

Orders

  • Adjourn assessment hearing for 3 months and list a short directions hearing before the judge
  • Costs of today's adjournment reserved pending the obtaining and effect of medical expert evidence