CHOW SHU KI v. OSRAM PROSPERITY CO. LTD.

CHOW SHU KI v. OSRAM PROSPERITY CO. LTD.

On balance of the evidence the court found it more likely than not the deceased was traveling to see a customer and that the injury resulted from the crowded bus and the current of alighting passengers rather than his misconduct; the presumption that the accident arose out of employment was not rebutted and judgment was entered for the applicant awarding the statutory maximum subject to credits and interest.

Citation
CHOW SHU KI v. OSRAM PROSPERITY CO. LTD.
Parties
Applicant (widow): Chow Shu Ki; Respondent (employer): Osram Prosperity Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 November 2001
Case Number
DCEC1059/2000
Procedural Posture
Employees Compensation / Judgment
Outcome
Judgment for the applicant
Legal Topics
Course of Employment, Arising Out of Employment, Causation, Misconduct, Presumption of Employment Related Injury
Source Language
EN
Employment Law Workers' Compensation Tort Law Course of Employment Arising Out of Employment Causation Misconduct Presumption of Employment Related Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Chow Shu Ki

Applicant (widow)

Osram Prosperity Company Limited

Respondent (employer)

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the deceased was in the course of employment at time of accident
  2. 2 Whether the accident arose out of the deceased's employment or was excluded by his misconduct

Ratio Decidendi

On balance of the evidence the court found it more likely than not the deceased was traveling to see a customer and that the injury resulted from the crowded bus and the current of alighting passengers rather than his misconduct; the presumption that the accident arose out of employment was not rebutted and judgment was entered for the applicant awarding the statutory maximum subject to credits and interest.

Court Disposition

Judgment for the applicant

Orders

  • Award statutory maximum compensation subject to credit for pre-trial payments and interest
  • Order nisi for costs in favour of the applicant with certificate for counsel to be taxed if not agreed