MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金

MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金

The court held that the Respondent was the employer and liable under the Employees Compensation Ordinance; the unappealed Form 6 assessment was binding and formed the basis for quantum; after deducting prior payments the Applicant was entitled to judgment for $609,400 with specified interest and an order nisi for costs to be taxed in accordance with the Legal Aid Regulations.

Citation
MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 February 2010
Case Number
DCEC632/2009
Procedural Posture
Employees Compensation Ordinance Claim / Trial and Judgment Hearing (respondent Absent)
Outcome
Judgment for the Applicant against the Respondent for monetary compensation and costs
Legal Topics
Workers' Compensation, Liability, Quantum, Assessment Under Certificate of Review, Default Judgment, ECAS Fund
Source Language
EN
Employment Law Personal Injury Statutory Compensation Workers' Compensation Liability Quantum Assessment Under Certificate of Review Default Judgment +1 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Trial and Judgment Hearing (respondent Absent)

Legal Issues

  1. 1 Whether the Respondent was the employer at the time of the accident
  2. 2 Whether the injury arose out of and in the course of employment
  3. 3 Whether the Form 6 Certificate of Review assessing loss of earning capacity is binding

Ratio Decidendi

The court held that the Respondent was the employer and liable under the Employees Compensation Ordinance; the unappealed Form 6 assessment was binding and formed the basis for quantum; after deducting prior payments the Applicant was entitled to judgment for $609,400 with specified interest and an order nisi for costs to be taxed in accordance with the Legal Aid Regulations.

Court Disposition

Judgment for the Applicant against the Respondent for monetary compensation and costs

Orders

  • Judgment for the Applicant against the Respondent in the sum of $609,400
  • Interest on the judgment at half the judgment rate from the date of the accident to the date of judgment and thereafter at the judgment rate