LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

LAM TUN WA v. SAN HING DRILL CUT ENGINNEERING COMPANY LTD AND OTHERS

The court found the applicant sustained mild head and soft tissue neck and back injuries with psychiatric adjustment disorder but no structural or neurological damage; the medical evidence (SJE) established MMI within 12 months and limited residual orthopaedic impairment; monthly earnings were properly calculated at...

Source-derived case information.

Citation
[2025] HKDC 324
Parties
Applicant/plaintiff: Lam Tun Wa; 1st Respondent/1st Defendant (employer): San Hing Drill Cut Engineering Company Limited; 2nd Respondent/2nd Defendant (principal Contractor): Jun Wei Decoration Engineering Limited; 3rd Defendant (owner of Premises): Tsoi Ying Kit; 4th Defendant/3rd Respondent (fund Board): Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2025
Case Number
DCPI3973/2022
Procedural Posture
Employees Compensation and Personal Injury (ec and Pi) Actions Heard Together / Assessment Hearing and Judgment (interlocutory Judgment on Liability Entered; Quantum Assessed)
Outcome
Judgment for Applicant on quantum; interlocutory judgments on liability previously entered; assessment awards made for employees compensation and common law damages; costs orders made
Legal Topics
Employees Compensation Under ECO, Assessment of Damages, Calculation of Monthly Earnings, Permanent Loss of Earning Capacity, Sick Leave Period, Medical Expert Joint Examination, Admissibility of Witness Statements, Costs and Costs Sanctions, Role of Employees Compensation Assistance Fund Board
Source Language
en
Employment Law Personal Injury Tort Civil Procedure Administrative/ Statutory Fund Intervention Evidence (expert and Witness Statements) Employees Compensation Under ECO Assessment of Damages +7 more

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Parties

Lam Tun Wa

Applicant/plaintiff

San Hing Drill Cut Engineering Company Limited

1st Respondent/1st Defendant (employer)

Jun Wei Decoration Engineering Limited

2nd Respondent/2nd Defendant (principal Contractor)

Tsoi Ying Kit

3rd Defendant (owner of Premises)

Employees Compensation Assistance Fund Board

4th Defendant/3rd Respondent (fund Board)

Procedural Posture

Employees Compensation and Personal Injury (ec and Pi) Actions Heard Together / Assessment Hearing and Judgment (interlocutory Judgment on Liability Entered; Quantum Assessed)

Legal Issues

  1. 1 Whether the applicant suffered compensable injuries caused by the accident and the nature/severity of those injuries
  2. 2 Proper method for calculating monthly earnings under s11 ECO
  3. 3 Appropriate duration of sick leave for s10 compensation and whether the s10 presumption is rebutted

Ratio Decidendi

The court found the applicant sustained mild head and soft tissue neck and back injuries with psychiatric adjustment disorder but no structural or neurological damage; the medical evidence (SJE) established MMI within 12 months and limited residual orthopaedic impairment; monthly earnings were properly calculated at HK$28,600 by adopting a flexible 30‑day/working‑days approach given continuous work immediately prior to the accident; a 12‑month sick leave is appropriate for s10 compensation (s10 presumption rebutted), permanent loss of earning capacity assessed at 6.5% for ECO purposes, and total employees compensation quantified at HK$352,144; common law damages were assessed taking into...

Court Disposition

Judgment for Applicant on quantum; interlocutory judgments on liability previously entered; assessment awards made for employees compensation and common law damages; costs orders made

Orders

  • 1. San Hing Drill Cut Engineering Company Limited (R1) and Jun Wei Decoration Engineering Limited (R2) to pay employees compensation to Lam Tun Wa in the sum of HK$352,144 plus interest (half‑judgment rate from date of accident to judgment, thereafter full judgment rate).
  • 2. Tsoi Ying Kit (D3) and D1/D2 (employer/contractor) to pay common law damages to Lam Tun Wa in the net sum of HK$1,090,460 plus interest (PSLA interest at 2% p.a. from writ to judgment; other pre‑trial special damages interest at half judgment rate to judgment, thereafter judgment rate).