TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

On the uncontested documentary and witness evidence, R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment per Schedule 7; interest and costs awarded as set out and the 2nd Respondent's indemnity claim under s.24(2) to be heard subsequently.

Citation
TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Parties
Applicant (widow/representative for Family of Tso Pak Kuen): Li Yuen Yau; Applicant (widow/representative for Family of Chan Shing Tong): Lee Chiu Lan; Applicant (lawful Attorney for Families of Multiple Deceased Seafarers): Ting Kam Yuen; 1st Respondent (alleged Employer/sub Contractor): Viatech Engineering Limited; 2nd Respondent (alleged Principal Contractor): Zen Pacific Civil Contractors Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2007
Case Number
DCEC242/2004
Procedural Posture
Employees' Compensation (district Court) / Judgment (assessment of Compensation)
Outcome
Applicants' claims allowed: liability and quantum determined in favour of applicants; 1st Respondent found employer and 2nd Respondent found principal contractor and liable as such.
Legal Topics
Employee Compensation, Employer Liability, Principal Contractor Liability, Statutory Presumption of Employment, Apportionment of Compensation, Interest and Costs, Indemnity Under S.24(2)
Source Language
EN
Employment Law Maritime Law Personal Injury/death Insurance Law Civil Procedure Employee Compensation Employer Liability Principal Contractor Liability +4 more

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Parties

Li Yuen Yau

Applicant (widow/representative for Family of Tso Pak Kuen)

Lee Chiu Lan

Applicant (widow/representative for Family of Chan Shing Tong)

Ting Kam Yuen

Applicant (lawful Attorney for Families of Multiple Deceased Seafarers)

Viatech Engineering Limited

1st Respondent (alleged Employer/sub Contractor)

Zen Pacific Civil Contractors Limited

2nd Respondent (alleged Principal Contractor)

Procedural Posture

Employees' Compensation (district Court) / Judgment (assessment of Compensation)

Legal Issues

  1. 1 Whether 1st Respondent was the employer of the deceased crew members
  2. 2 Whether 2nd Respondent was the principal contractor liable under s.24 of Cap.282
  3. 3 Whether the accident arose out of and in the course of employment

Ratio Decidendi

On the uncontested documentary and witness evidence, R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment per Schedule 7; interest and costs awarded as set out and the 2nd Respondent's indemnity claim under s.24(2) to be heard subsequently.

Court Disposition

Applicants' claims allowed: liability and quantum determined in favour of applicants; 1st Respondent found employer and 2nd Respondent found principal contractor and liable as such.

Orders

  • Assessment of compensation awarded to each applicant as calculated in judgment
  • Interest on awards at half judgment rate from date of accident until date of award and judgment rate thereafter until payment