WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

Judge accepted employer liability, refused recusal despite disclosure of interim sanctioned payment, admitted cardiothoracic expert evidence, found claimant suffered fractured ribs (orthopaedic LOE 1%) and a mild major depressive disorder causally linked to the accident (psychiatric LOE 3%), found no additional cardiothoracic LOE beyond orthopaedic effect; assessed aggregate LOE 4%, sick leave total 23 months (11 months from 18 Feb 2016 to 17 Jan 2017 and 12 months 25 Nov 2019 to 24 Nov 2020); awarded PSLA $400,000, pre-trial loss $428,400, special damages $36,790; assessed EC compensation $192,476 under s9/s10/s10A; reduced PI judgment of $865,190 by EC compensation to $672,714; ordered...

Citation
[2022] HKDC 437
Parties
Applicant/plaintiff: Wong Kwei Piu; Respondent/defendant: Chow Chi Cheung trading as Sun Lee Co.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 May 2022
Case Number
DCPI2318/2017
Procedural Posture
Employees' Compensation and Personal Injuries (parallel Proceedings) / Judgment on Assessment of Quantum and Costs
Outcome
Judgment for claimant in both EC and PI actions with quantified awards, interest and costs orders; EC compensation reduces PI damages under s26
Legal Topics
Causation, Quantum of Damages, Sick Leave and Loss of Earnings, Expert Evidence Admissibility, Recusal and Disclosure of Sanctioned Payment, Costs and Indemnity Orders, Reduction of Common Law Damages by Statutory Compensation
Source Language
EN
Personal Injury Employees' Compensation Employment Law Causation Quantum of Damages Sick Leave and Loss of Earnings Expert Evidence Admissibility Recusal and Disclosure of Sanctioned Payment +2 more

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Parties

Wong Kwei Piu

Applicant/plaintiff

Chow Chi Cheung trading as Sun Lee Co.

Respondent/defendant

Procedural Posture

Employees' Compensation and Personal Injuries (parallel Proceedings) / Judgment on Assessment of Quantum and Costs

Legal Issues

  1. 1 Whether disclosure of an interim sanctioned payment required recusal
  2. 2 Whether cardiothoracic expert evidence was admissible
  3. 3 Causation of claimant's psychiatric disorder and whether litigation stress is attributable to defendant

Ratio Decidendi

Judge accepted employer liability, refused recusal despite disclosure of interim sanctioned payment, admitted cardiothoracic expert evidence, found claimant suffered fractured ribs (orthopaedic LOE 1%) and a mild major depressive disorder causally linked to the accident (psychiatric LOE 3%), found no additional cardiothoracic LOE beyond orthopaedic effect; assessed aggregate LOE 4%, sick leave total 23 months (11 months from 18 Feb 2016 to 17 Jan 2017 and 12 months 25 Nov 2019 to 24 Nov 2020); awarded PSLA $400,000, pre-trial loss $428,400, special damages $36,790; assessed EC compensation $192,476 under s9/s10/s10A; reduced PI judgment of $865,190 by EC compensation to $672,714; ordered...

Court Disposition

Judgment for claimant in both EC and PI actions with quantified awards, interest and costs orders; EC compensation reduces PI damages under s26

Orders

  • Judgment in EC Action for applicant Wong Kwei Piu for HK$192,476
  • Judgment in PI Action for plaintiff Wong Kwei Piu for HK$865,190 to be reduced by EC compensation of HK$192,476 resulting in net damages HK$672,714