CHEUNG KA WING v. CHAK KAI HUNG t/a HUNG KEE IRON ENGINEERING CO ANS OTHERS

CHEUNG KA WING v. CHAK KAI HUNG t/a HUNG KEE IRON ENGINEERING CO ANS OTHERS

The court found on the admitted facts and supporting documents that the 3rd Respondent acted as principal contractor for the Work and therefore was liable under s24 ECO; the injury arose in the course of the Applicant's employment under s5 ECO. The Applicant's credibility and documentary evidence were preferred....

Source-derived case information.

Citation
[2021] HKDC 1016
Parties
Applicant: Cheung Ka Wing; 1st Respondent: Chak Kai Hung trading as Hung Kee Iron Engineering Co.; 2nd Respondent: Vito Engineering (Asia Limited); 3rd Respondent: Lightben Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 August 2021
Case Number
DCEC1503/2019
Procedural Posture
Employees Compensation Claim / Trial for Determination of Liability Against 3rd Respondent and Assessment of Quantum; Judgment Delivered
Outcome
Judgment for Applicant: liability entered against 3rd Respondent; compensation awarded
Legal Topics
Employers' Liability Under Employees Compensation Ordinance, Principal Contractor Liability, Assessment of Earnings and Compensation, Causation and Course of Employment
Source Language
en
Employment Law Statutory Compensation Construction Law Employers' Liability Under Employees Compensation Ordinance Principal Contractor Liability Assessment of Earnings and Compensation Causation and Course of Employment

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Parties

Cheung Ka Wing

Applicant

Chak Kai Hung trading as Hung Kee Iron Engineering Co.

1st Respondent

Vito Engineering (Asia Limited)

2nd Respondent

Lightben Limited

3rd Respondent

Procedural Posture

Employees Compensation Claim / Trial for Determination of Liability Against 3rd Respondent and Assessment of Quantum; Judgment Delivered

Legal Issues

  1. 1 Whether the 3rd Respondent was the principal contractor liable under section 24 of the Employees Compensation Ordinance
  2. 2 Whether the injury arose out of and in the course of the Applicant's employment under section 5 of the ECO
  3. 3 Whether the Applicant was actually working at the Premises when injured

Ratio Decidendi

The court found on the admitted facts and supporting documents that the 3rd Respondent acted as principal contractor for the Work and therefore was liable under s24 ECO; the injury arose in the course of the Applicant's employment under s5 ECO. The Applicant's credibility and documentary evidence were preferred. Daily wage assessed at HK$1,250, average monthly earnings HK$22,500, 5% loss of earning capacity, multiplier 72, 378 days sick leave and medical expenses HK$1,983 producing a statutory compensation award of HK$309,783 plus interest and costs.

Court Disposition

Judgment for Applicant: liability entered against 3rd Respondent; compensation awarded

Orders

  • Judgment on liability entered against the 3rd Respondent
  • Employees compensation assessed at HK$309,783 plus interest at half judgment rate from the date of the accident (19 July 2018) to the date of judgment and thereafter at judgment rate until payment