CHEN ZIQIANG v. NEW HOME DESIGN LTD AND ANOTHER

CHEN ZIQIANG v. NEW HOME DESIGN LTD AND ANOTHER

Court held that 'month' under s11(1)(a) is the calendar month immediately preceding the accident (August 2019), accepted applicant's credible oral evidence that he earned $1,600/day for 25 days and received $40,000 as wages, adopted the calculation under s11(1)(a) giving monthly earnings of $47,100, and awarded statutory compensation accordingly (s9 $1,296,914.40; s10 $653,120; s10A $9,683) less prior payment of $3,000, with interest and costs orders as stated.

Citation
[2023] HKDC 495
Parties
Applicant: CHEN ZIQIANG; 1st Respondent: NEW HOME DESIGN LIMITED; 2nd Respondent: EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 April 2023
Case Number
DCEC1018/2021
Procedural Posture
Employees' Compensation / Assessment of Compensation (quantum) and Judgment
Outcome
Applicant awarded total compensation of $1,956,717.40; interest from 6 Sep 2019 at half judgment rate until judgment and at judgment rate thereafter; costs orders nisi against 1st respondent as specified.
Legal Topics
Assessment of Compensation, Calculation of Monthly Earnings Under S11, Statutory Interpretation of "month", Interest and Costs
Source Language
EN
Employment Law Personal Injury Workers' Compensation Civil Procedure Assessment of Compensation Calculation of Monthly Earnings Under S11 Statutory Interpretation of "month" Interest and Costs

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Parties

CHEN ZIQIANG

Applicant

NEW HOME DESIGN LIMITED

1st Respondent

EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD

2nd Respondent

Procedural Posture

Employees' Compensation / Assessment of Compensation (quantum) and Judgment

Legal Issues

  1. 1 Proper method for calculating monthly earnings under s11(1)(a) and s11(1)(b)
  2. 2 Credibility and sufficiency of oral evidence of wages and working days
  3. 3 Application of statutory caps and multipliers under the Employees' Compensation Ordinance

Ratio Decidendi

Court held that 'month' under s11(1)(a) is the calendar month immediately preceding the accident (August 2019), accepted applicant's credible oral evidence that he earned $1,600/day for 25 days and received $40,000 as wages, adopted the calculation under s11(1)(a) giving monthly earnings of $47,100, and awarded statutory compensation accordingly (s9 $1,296,914.40; s10 $653,120; s10A $9,683) less prior payment of $3,000, with interest and costs orders as stated.

Court Disposition

Applicant awarded total compensation of $1,956,717.40; interest from 6 Sep 2019 at half judgment rate until judgment and at judgment rate thereafter; costs orders nisi against 1st respondent as specified.

Orders

  • Award to applicant of $1,296,914.40 under s9 Employees' Compensation Ordinance
  • Award to applicant of $653,120 under s10 Employees' Compensation Ordinance