CHAN KWAN v. WANG FAT SCAFFOLDING LTD AND OTHERS

CHAN KWAN v. WANG FAT SCAFFOLDING LTD AND OTHERS

Applying the indicia in Poon Chau Nam and Lee Ting Sang, the judge found on balance of probabilities that the applicant was an employee of the 1st respondent (materials supplied by 1st respondent, payment arranged by 1st respondent, 1st respondent officiated ceremony and met workers, reported as employer, lack of financial risk to the gang) and that the 2nd respondent, as main contractor who subcontracted the work, was liable as principal contractor under s24; the 3rd respondent insurer is liable under the policy.

Citation
CHAN KWAN v. WANG FAT SCAFFOLDING LTD AND OTHERS
Parties
Applicant: Chan Kwan; 1st Respondent: Wang Fat Scaffolding Limited; 2nd Respondent: Chun Tank Scaffolding Limited; 3rd Respondent (insurer): Bank of China Group Insurance Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 August 2010
Case Number
DCEC758/2008
Procedural Posture
Employees Compensation / Judgment
Outcome
Judgment for the applicant on liability and quantum agreed
Legal Topics
Employment Status, Employer Liability, Principal Contractor Liability (s24), Statutory Compensation (ss9, 10, 10 A), Insurer Liability
Source Language
EN
Employment Law Workers' Compensation Occupational Safety Insurance Law Contract/subcontract Law Employment Status Employer Liability Principal Contractor Liability (s24) +2 more

Case Brief

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Parties

Chan Kwan

Applicant

Wang Fat Scaffolding Limited

1st Respondent

Chun Tank Scaffolding Limited

2nd Respondent

Bank of China Group Insurance Company Limited

3rd Respondent (insurer)

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant was an employee of the 1st respondent at the time of injury
  2. 2 Whether the 2nd respondent is liable as principal contractor under section 24 of the Employees Compensation Ordinance

Ratio Decidendi

Applying the indicia in Poon Chau Nam and Lee Ting Sang, the judge found on balance of probabilities that the applicant was an employee of the 1st respondent (materials supplied by 1st respondent, payment arranged by 1st respondent, 1st respondent officiated ceremony and met workers, reported as employer, lack of financial risk to the gang) and that the 2nd respondent, as main contractor who subcontracted the work, was liable as principal contractor under s24; the 3rd respondent insurer is liable under the policy.

Court Disposition

Judgment for the applicant on liability and quantum agreed

Orders

  • Judgment awarded to applicant in the sum of 425862 HKD
  • 1st and 2nd Respondents liable to compensate the applicant; 3rd Respondent liable as insurer