CHU CHUNG MAN v. EAST ASIA MOVING LTD

CHU CHUNG MAN v. EAST ASIA MOVING LTD

On the balance of probabilities the court found claimant was an employee at the time, took part in the moving job and sustained injury; alleged dismissal was not proved; employer was not negligent because the decision whether to use one‑ or two‑porter method was a simple, ordinary operational decision properly left to an experienced porter on site; accordingly employees' compensation awarded but personal injury claim dismissed.

Citation
[2020] HKDC 362
Parties
Applicant/plaintiff: Chu Chung Man; Respondent/defendant: East Asia Moving Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2020
Case Number
DCPI1654/2016
Procedural Posture
Employees' Compensation Claim and Personal Injuries Action Heard Together / Trial (judgment Delivered)
Outcome
Employees' compensation claim allowed; personal injuries action dismissed.
Legal Topics
Employees' Compensation, Employer Liability, Negligence, Contributory Negligence, Assessment of Loss of Earning Capacity (form 9), Quantum of Damages, Costs Orders
Source Language
EN
Employment Law Personal Injury Tort Law Civil Procedure Administrative/regulatory (legal Aid) Employees' Compensation Employer Liability Negligence +4 more

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Parties

Chu Chung Man

Applicant/plaintiff

East Asia Moving Limited

Respondent/defendant

Procedural Posture

Employees' Compensation Claim and Personal Injuries Action Heard Together / Trial (judgment Delivered)

Legal Issues

  1. 1 Whether claimant was employee at time of accident
  2. 2 Whether the accident occurred and claimant sustained injury
  3. 3 Whether claimant had been dismissed prior to accident

Ratio Decidendi

On the balance of probabilities the court found claimant was an employee at the time, took part in the moving job and sustained injury; alleged dismissal was not proved; employer was not negligent because the decision whether to use one‑ or two‑porter method was a simple, ordinary operational decision properly left to an experienced porter on site; accordingly employees' compensation awarded but personal injury claim dismissed.

Court Disposition

Employees' compensation claim allowed; personal injuries action dismissed.

Orders

  • East Asia Moving Limited to pay employees' compensation HK$116,681
  • Interest on HK$116,681 at half‑judgment rate from date of accident (15 December 2014) to date of judgment (29 May 2020) and thereafter at judgment rate until full payment