CHAN CHING SANG v. WEI KEH WEI VICTOR AND ANOTHER

CHAN CHING SANG v. WEI KEH WEI VICTOR AND ANOTHER

The court applied s25(1)(b) Employees' Compensation Ordinance and s3 Civil Liability (Contribution) Ordinance and held the 2nd Defendant was entitled to recover from the 1st Defendant the full sums paid and incurred (including compensation, settlement sums and legal costs), awarding recovery of $826,361 plus interest and costs.

Citation
CHAN CHING SANG v. WEI KEH WEI VICTOR AND ANOTHER
Parties
Plaintiff: CHAN CHING SANG; 1st Defendant: WEI KEH WEI VICTOR; 2nd Defendant: GOODWELL PROPERTY MANAGEMENT LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 January 2011
Case Number
DCPI926/2009
Procedural Posture
Personal Injuries Action (contribution and Indemnity) / Assessment of Damages (interlocutory Judgment on Liability Previously Ordered)
Outcome
Judgment for 2nd Defendant on contribution and indemnity claim against 1st Defendant; 1st Defendant ordered to pay sums and costs to 2nd Defendant.
Legal Topics
Contribution and Indemnity, Employees' Compensation Ordinance S25(1)(b), Civil Liability (contribution) Ordinance S3, Assessment of Damages, Costs, Interest
Source Language
EN
Tort Employment Law Civil Procedure Insurance Contribution and Indemnity Employees' Compensation Ordinance S25(1)(b) Civil Liability (contribution) Ordinance S3 Assessment of Damages +2 more

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Parties

CHAN CHING SANG

Plaintiff

WEI KEH WEI VICTOR

1st Defendant

GOODWELL PROPERTY MANAGEMENT LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action (contribution and Indemnity) / Assessment of Damages (interlocutory Judgment on Liability Previously Ordered)

Legal Issues

  1. 1 Whether the employer (2nd Defendant) is entitled to recover from the 1st Defendant under s25(1)(b) of the Employees' Compensation Ordinance
  2. 2 Whether s3 of the Civil Liability (Contribution) Ordinance permits recovery of contribution including settlement sums and legal costs
  3. 3 Quantum of sums recoverable including compensation, further sick leave compensation, costs paid to claimant and the employer's own legal costs and sums paid in settlement

Ratio Decidendi

The court applied s25(1)(b) Employees' Compensation Ordinance and s3 Civil Liability (Contribution) Ordinance and held the 2nd Defendant was entitled to recover from the 1st Defendant the full sums paid and incurred (including compensation, settlement sums and legal costs), awarding recovery of $826,361 plus interest and costs.

Court Disposition

Judgment for 2nd Defendant on contribution and indemnity claim against 1st Defendant; 1st Defendant ordered to pay sums and costs to 2nd Defendant.

Orders

  • 1st Defendant to pay 2nd Defendant HKD 826361 as recovery of sums paid and incurred
  • Interest on HKD 826361 at half‑judgment rate from 20 May 2009 to date of decision and thereafter at judgment rate until payment