CHENG KA PIU v. 黃明光 AND OTHERS

CHENG KA PIU v. 黃明光 AND OTHERS

The court accepted the Joint Medical Report and its unchallenged conclusions, rejected the plaintiff's case that his skin lesions were caused by the injury for lack of medical evidence, and fixed pre-accident monthly earnings at HK$20,500 based on accepting daily rates but adjusting working days and overtime claims....

Source-derived case information.

Citation
[2021] HKDC 950
Parties
Applicant / Plaintiff: Cheng Ka Piu; 1st Respondent / 1st Defendant: 黃明光 (Wong Ming Kwong); 2nd Respondent (discontinued): 永昇工程有限公司; 3rd Respondent / 2nd Defendant: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 August 2021
Case Number
DCEC516/2016
Procedural Posture
Employees' Compensation (dcec 516/2016) & Personal Injuries (dcpi 1619/2019) Conjoined Assessment on Quantum After Liability Judgment / Assessment (quantum) Hearing and Judgment
Outcome
Judgment for plaintiff Cheng Ka Piu against Wong Ming Kwong (absent) in DCEC 516/2016 for HKD 94,260 with interest at half judgment rate from 18 March 2014 to date of judgment and thereafter at judgment rate; judgment for plaintiff in DCPI 1619/2019 for HKD 2,190,056.61 with specified interest on PSLA and on...
Legal Topics
Assessment of Damages, Loss of Earnings, Pain Suffering and Loss of Amenities, Causation, Amendment of Pleadings, Costs, Medical Evidence, MPF Entitlement
Source Language
en
Employees' Compensation Personal Injury Tort Assessment of Damages Loss of Earnings Pain Suffering and Loss of Amenities Causation Amendment of Pleadings +3 more

Source-derived case record

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 6 Authorities cited 7 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Cheng Ka Piu

Applicant / Plaintiff

黃明光 (Wong Ming Kwong)

1st Respondent / 1st Defendant

永昇工程有限公司

2nd Respondent (discontinued)

Employees Compensation Assistance Fund Board

3rd Respondent / 2nd Defendant

Procedural Posture

Employees' Compensation (dcec 516/2016) & Personal Injuries (dcpi 1619/2019) Conjoined Assessment on Quantum After Liability Judgment / Assessment (quantum) Hearing and Judgment

Legal Issues

  1. 1 pre-accident monthly earnings determination in absence of documentary evidence
  2. 2 causation of plaintiff's skin lesions and entitlement to damages for same
  3. 3 proper period of sick leave and inclusion of a post-sick-leave grace period

Ratio Decidendi

The court accepted the Joint Medical Report and its unchallenged conclusions, rejected the plaintiff's case that his skin lesions were caused by the injury for lack of medical evidence, and fixed pre-accident monthly earnings at HK$20,500 based on accepting daily rates but adjusting working days and overtime claims. Applying statutory formulas under ECO and accepted medical impairment findings (8% whole person), the court awarded statutory compensation under s9, s10 and s10A, PSLA HK$400,000, pre-trial and future loss calculated with MPF, and entered judgment against the absent defendant Wong with specified interest and costs orders; late amendments were allowed but criticised for lack of...

Court Disposition

Judgment for plaintiff Cheng Ka Piu against Wong Ming Kwong (absent) in DCEC 516/2016 for HKD 94,260 with interest at half judgment rate from 18 March 2014 to date of judgment and thereafter at judgment rate; judgment for plaintiff in DCPI 1619/2019 for HKD 2,190,056.61 with specified interest on PSLA and on...

Orders

  • Judgment DCEC 516/2016: plaintiff awarded HK$94,260 with interest at half judgment rate from 18 March 2014 to date of judgment and thereafter at judgment rate until payment
  • Judgment DCPI 1619/2019: plaintiff awarded HK$2,190,056.61 with interest on PSLA (HK$400,000) at 2% p.a. from date of service of writ to date of judgment and interest on pre-trial loss and special damages (HK$1,008,698.41) at half judgment rate from date of accident to date of judgment and thereafter at judgment...