CHAN CHI SHING v. CHAN SHU KUEN AND ANOTHER

CHAN CHI SHING v. CHAN SHU KUEN AND ANOTHER

Court found on the balance of probabilities that the 1st Respondent was a subcontractor and the Applicant's direct employer and the 2nd Respondent was the principal contractor; the scaffold provided by the 2nd Respondent was assembled and used without prior inspection causing the fall; injuries arose out of and in the course of employment; statutory compensation calculated under ss.7,9,10 and 10A must be awarded, with credit for payments received, interest and costs.

Citation
CHAN CHI SHING v. CHAN SHU KUEN AND ANOTHER
Parties
Applicant: CHAN CHI SHING; 1st Respondent: CHAN SHU KUEN; 2nd Respondent: WAN KEE ENGINEERING CO., LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2006
Case Number
DCEC785/2005
Procedural Posture
Employees Compensation (cap. 282) Claim / Trial Judgment (district Court)
Outcome
Judgment for Applicant against 1st and 2nd Respondents
Legal Topics
Employer Liability, Calculation of Compensation, Temporary Incapacity, Credit for Payments, Principal Contractor Liability, Evidence and Credibility
Source Language
EN
Employment Law Workers' Compensation Personal Injury Occupational Safety Employer Liability Calculation of Compensation Temporary Incapacity Credit for Payments +2 more

Case Brief

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Parties

CHAN CHI SHING

Applicant

CHAN SHU KUEN

1st Respondent

WAN KEE ENGINEERING CO., LIMITED

2nd Respondent

Procedural Posture

Employees Compensation (cap. 282) Claim / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether the Applicant was employed by the 1st Respondent or was an employee of the 2nd Respondent
  2. 2 Whether the 1st and/or 2nd Respondents are liable for the accident and injuries arising out of employment
  3. 3 Proper calculation of compensation under the Employees' Compensation Ordinance including permanent loss, temporary incapacity and medical expenses

Ratio Decidendi

Court found on the balance of probabilities that the 1st Respondent was a subcontractor and the Applicant's direct employer and the 2nd Respondent was the principal contractor; the scaffold provided by the 2nd Respondent was assembled and used without prior inspection causing the fall; injuries arose out of and in the course of employment; statutory compensation calculated under ss.7,9,10 and 10A must be awarded, with credit for payments received, interest and costs.

Court Disposition

Judgment for Applicant against 1st and 2nd Respondents

Orders

  • Judgment entered for the Applicant against the 1st and 2nd Respondents for HKD 345,367.00.
  • Credit of HKD 40,000 deducted from aggregate claim.