RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE

Court admitted and accepted orthopaedic expert Dr Li's reports, computed claimant's pre-accident monthly earnings at HK$8,280 (including basic wage, tips and value of free meals), allowed claimant's appeal against MAB to assess loss of earning capacity at 5%, awarded PSLA HK$180,000 and total common law damages HK$312,427, reduced by statutory compensation HK$113,829 to HK$198,598; retrospective leave granted for one expert report but refused for the 3rd witness statement and costs were apportioned between EC and PI proceedings with specific disallowances.

Citation
RUKHSAR BEGUM v. NATIVE ENGLISH CENTER LTD t/a THE GREEN LOUNGE
Parties
Applicant / Plaintiff: Rukhsar Begum; Respondent / Defendant: Native English Center Limited trading as The Green Lounge
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 April 2017
Case Number
DCEC867/2015
Procedural Posture
Parallel Employees' Compensation and Personal Injuries Actions / Judgment Following Trial in Absence of Defendant; Assessment of Compensation and Damages
Outcome
Judgment for claimant/applicant; defendant absent and unrepresented; awards made and costs orders nisi granted (to be made absolute unless varied)
Legal Topics
Assessment of Compensation, Loss of Earning Capacity, Pre Trial and Post Accident Earnings Computation, Admissibility of Expert Reports, Leave for Witness Statements, Costs Apportionment, Statutory Offset of Damages (s.26(1))
Source Language
EN
Employees Compensation Personal Injury Tort Civil Procedure Evidence Assessment of Compensation Loss of Earning Capacity Pre Trial and Post Accident Earnings Computation +4 more

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Parties

Rukhsar Begum

Applicant / Plaintiff

Native English Center Limited trading as The Green Lounge

Respondent / Defendant

Procedural Posture

Parallel Employees' Compensation and Personal Injuries Actions / Judgment Following Trial in Absence of Defendant; Assessment of Compensation and Damages

Legal Issues

  1. 1 Whether the employer was liable and trial could proceed in absence of defendant
  2. 2 Proper method to compute pre-accident earnings for a short employment period
  3. 3 Appropriate percentage loss of earning capacity vs MAB assessment

Ratio Decidendi

Court admitted and accepted orthopaedic expert Dr Li's reports, computed claimant's pre-accident monthly earnings at HK$8,280 (including basic wage, tips and value of free meals), allowed claimant's appeal against MAB to assess loss of earning capacity at 5%, awarded PSLA HK$180,000 and total common law damages HK$312,427, reduced by statutory compensation HK$113,829 to HK$198,598; retrospective leave granted for one expert report but refused for the 3rd witness statement and costs were apportioned between EC and PI proceedings with specific disallowances.

Court Disposition

Judgment for claimant/applicant; defendant absent and unrepresented; awards made and costs orders nisi granted (to be made absolute unless varied)

Orders

  • Employees compensation assessed at HK$113829 payable under Ordinance
  • Common law damages awarded HK$312427 for PI Action