Cheng Wai Yin Timothy v. Lung Fung Estate Agency O/B Legend Star Development Ltd.

Cheng Wai Yin Timothy v. Lung Fung Estate Agency O/B Legend Star Development Ltd.

The court held on the balance of probabilities that the assault occurred at the workplace during working hours and thus arose in the course of employment; the statutory presumption in s5(4)(a) applied and was not rebutted by the Respondent's evidence which was found not credible; any purported resignation/agreement did not bar compensation under s31; accordingly the Respondent was liable and the specified sums were awarded with credit for the advance.

Citation
Cheng Wai Yin Timothy v. Lung Fung Estate Agency O/B Legend Star Development Ltd.
Parties
Applicant/employee: CHENG Wai-Yin Timothy; Respondent/employer: Lung Fung Estate Agency O/B Legend Star Development Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 September 2001
Case Number
DCEC797/2000
Procedural Posture
Employees Compensation Case No. 797 of 2000 / Judgment Handed Down 24 September 2001
Outcome
Judgment for Applicant; Respondent liable for employees compensation.
Legal Topics
Employee Compensation, Course of Employment, Statutory Presumption, Void Agreements Under S31, Quantum of Compensation, Witness Credibility
Source Language
EN
Employment Law Personal Injury Workers' Compensation Evidence Employee Compensation Course of Employment Statutory Presumption Void Agreements Under S31 +2 more

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Parties

CHENG Wai-Yin Timothy

Applicant/employee

Lung Fung Estate Agency O/B Legend Star Development Limited

Respondent/employer

Procedural Posture

Employees Compensation Case No. 797 of 2000 / Judgment Handed Down 24 September 2001

Legal Issues

  1. 1 Whether the assault/incident arose in the course of employment
  2. 2 Whether the Respondent's personal grudge defence rebuts statutory presumption
  3. 3 Whether any resignation or agreement deprived the Applicant of compensation under s31

Ratio Decidendi

The court held on the balance of probabilities that the assault occurred at the workplace during working hours and thus arose in the course of employment; the statutory presumption in s5(4)(a) applied and was not rebutted by the Respondent's evidence which was found not credible; any purported resignation/agreement did not bar compensation under s31; accordingly the Respondent was liable and the specified sums were awarded with credit for the advance.

Court Disposition

Judgment for Applicant; Respondent liable for employees compensation.

Orders

  • Compensation under section 9 of the Ordinance at HK$10,362.24 as admitted by the Respondent
  • Compensation under section 10 of the Ordinance at HK$60,777.96