CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER

CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER

Court found the accident arose in the course of employment and established liability against Hang On; on the section 18 appeal the court accepted Dr Fu's expert evidence and allowed a 6% loss of earning capacity in absence of opposition; under s11(1) the pre-accident monthly income adopted was HK$17,600 (the month immediately preceding the accident); sick leave for section 10 calculation was divided by 30 days and, applying the agreed figures and court discretion under s10(5), the awards were assessed (s9 HK$76,032; s10 HK$359,509.33; s10A HK$5,510) with credit for HK$200,000 already received yielding a net judgment of HK$241,051.33 with specified interest and costs awarded to the applicant.

Citation
CHAN SHU PING v. HANG ON CONSTRUCTION ENGINEERING LTD AND ANOTHER
Parties
Applicant: CHAN SHU PING; 1st Respondent: HANG ON CONSTRUCTION ENGINEERING LIMITED; 2nd Respondent: BOSEE (ASIA) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 November 2010
Case Number
DCEC1519/2009
Procedural Posture
Employees Compensation (cap.282) / Section 18 Appeal and Final Judgment on Liability and Quantum
Outcome
Judgment for Applicant against Hang On Construction Engineering Limited and Bosee (Asia) Limited in the net sum of HK$241,051.33 with interest; costs awarded to Applicant.
Legal Topics
Employees Compensation Ordinance, Loss of Earning Capacity, Section 18 Appeal, Assessment of Income, Sick Leave Compensation, Interest and Costs
Source Language
EN
Employment Law Personal Injury Statutory Compensation Employees Compensation Ordinance Loss of Earning Capacity Section 18 Appeal Assessment of Income Sick Leave Compensation +1 more

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Parties

CHAN SHU PING

Applicant

HANG ON CONSTRUCTION ENGINEERING LIMITED

1st Respondent

BOSEE (ASIA) LIMITED

2nd Respondent

Procedural Posture

Employees Compensation (cap.282) / Section 18 Appeal and Final Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether accident arose out of course of employment and employer liability
  2. 2 Whether the MAB assessment of 5% loss of earning capacity should be displaced on section 18 appeal
  3. 3 Which pre-accident income figure should be adopted under section 11(1)

Ratio Decidendi

Court found the accident arose in the course of employment and established liability against Hang On; on the section 18 appeal the court accepted Dr Fu's expert evidence and allowed a 6% loss of earning capacity in absence of opposition; under s11(1) the pre-accident monthly income adopted was HK$17,600 (the month immediately preceding the accident); sick leave for section 10 calculation was divided by 30 days and, applying the agreed figures and court discretion under s10(5), the awards were assessed (s9 HK$76,032; s10 HK$359,509.33; s10A HK$5,510) with credit for HK$200,000 already received yielding a net judgment of HK$241,051.33 with specified interest and costs awarded to the applicant.

Court Disposition

Judgment for Applicant against Hang On Construction Engineering Limited and Bosee (Asia) Limited in the net sum of HK$241,051.33 with interest; costs awarded to Applicant.

Orders

  • Judgment entered against Hang On Construction Engineering Limited and Bosee (Asia) Limited in the sum of HK$241,051.33 with interest at half judgment rate from date of accident to judgment and at judgment rate thereafter
  • Hang On Construction Engineering Limited and Bosee (Asia) Limited shall pay the Applicant's costs of this application; costs to be taxed if not agreed