CHENG HOI MAN AND OTHERS v. TUNG WO ENGINEERING COMPANY LTD AND ANOTHER

CHENG HOI MAN AND OTHERS v. TUNG WO ENGINEERING COMPANY LTD AND ANOTHER

The court approved the out‑of‑time sanctioned payment and the agreed apportionment because the 4th applicant's evidence established cohabitation and the 3rd applicant unreasonably and repeatedly challenged that status without complying with directions; accordingly costs relating to proving cohabitee status and the costs of the contested hearings are to be borne by the 3rd applicant while respondents pay remaining costs, with taxation if not agreed.

Citation
CHENG HOI MAN AND OTHERS v. TUNG WO ENGINEERING COMPANY LTD AND ANOTHER
Parties
1st Applicant: CHENG HOI MAN; 2nd Applicant: NG KWAN OI; 3rd Applicant: LAW PUI LING; 4th Applicant: HU XIAOPING; 1st Respondent: TUNG WO ENGINEERING COMPANY LIMITED; 2nd Respondent: CHUN WO – CRGL JOINT VENTURE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 May 2014
Case Number
DCEC823/2013
Procedural Posture
Employees' Compensation / Settlement Approval and Costs Determination
Outcome
Settlement approved; sanctioned payment of HKD 1,559,040 accepted out of time; apportionment ordered; respondents to pay costs subject to specified exceptions where 3rd applicant bears costs for challenging co‑habitee status and costs of hearings.
Legal Topics
Apportionment of Dependency Award, Co Habitee Entitlement, Sanctioned Payment, Costs Liability, Legal Aid Taxation
Source Language
EN
Employment Law Personal Injury Civil Procedure Costs Law Apportionment of Dependency Award Co Habitee Entitlement Sanctioned Payment Costs Liability +1 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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CHENG HOI MAN

1st Applicant

NG KWAN OI

2nd Applicant

LAW PUI LING

3rd Applicant

HU XIAOPING

4th Applicant

TUNG WO ENGINEERING COMPANY LIMITED

1st Respondent

CHUN WO – CRGL JOINT VENTURE

2nd Respondent

Procedural Posture

Employees' Compensation / Settlement Approval and Costs Determination

Legal Issues

  1. 1 Whether sanctioned payment could be accepted out of time and settlement approved
  2. 2 Proper apportionment of sanctioned payment among dependants under Schedule 7, para 6 E.C. Ordinance
  3. 3 Whether the 4th applicant qualified as a co-habitee and effect of challenge on costs

Ratio Decidendi

The court approved the out‑of‑time sanctioned payment and the agreed apportionment because the 4th applicant's evidence established cohabitation and the 3rd applicant unreasonably and repeatedly challenged that status without complying with directions; accordingly costs relating to proving cohabitee status and the costs of the contested hearings are to be borne by the 3rd applicant while respondents pay remaining costs, with taxation if not agreed.

Court Disposition

Settlement approved; sanctioned payment of HKD 1,559,040 accepted out of time; apportionment ordered; respondents to pay costs subject to specified exceptions where 3rd applicant bears costs for challenging co‑habitee status and costs of hearings.

Orders

  • Leave granted to 1st–4th applicants to accept the sanctioned payment of HKD 1,559,040 out of time in full and final settlement
  • Leave granted for immediate pay‑out from court: 1st applicant HKD 701,568 (45%); 2nd applicant HKD 155,904 (10%); 3rd applicant HKD 350,784 (22.5%); 4th applicant HKD 350,784 (22.5%)