LAW CHING YU v. CHENG KWOK WING LEO t/a SECURITY CONSULTANT & ENGINEERING CO.

LAW CHING YU v. CHENG KWOK WING LEO t/a SECURITY CONSULTANT & ENGINEERING CO.

Respondent held liable: court accepted claimant's documentary evidence establishing employment, rejected respondent's factual objections for lack of evidence (failure to comply with unless order), held illegality defence unavailable under s2(2) E.C. Ordinance, and adopted claimant's computed average monthly earnings HK$7,609.17 to award statutory compensation totalling HK$66,537.24 plus interest and costs.

Citation
[2021] HKDC 99
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 January 2021
Case Number
DCEC2750/2015
Procedural Posture
Employees Compensation Claim / Hearing and Judgment
Outcome
Judgment for Applicant against Respondent
Legal Topics
Employer Liability, Calculation of Compensation, Illegality Defence, Evidence and Procedure
Source Language
EN
Employment Law Workers Compensation Personal Injury Employer Liability Calculation of Compensation Illegality Defence Evidence and Procedure

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Employees Compensation Claim / Hearing and Judgment

Legal Issues

  1. 1 whether claimant was an employee of the respondent at time of accident
  2. 2 whether accident occurred in course of employment (scope of employment)
  3. 3 whether illegality (lack of permit) bars recovery

Ratio Decidendi

Respondent held liable: court accepted claimant's documentary evidence establishing employment, rejected respondent's factual objections for lack of evidence (failure to comply with unless order), held illegality defence unavailable under s2(2) E.C. Ordinance, and adopted claimant's computed average monthly earnings HK$7,609.17 to award statutory compensation totalling HK$66,537.24 plus interest and costs.

Court Disposition

Judgment for Applicant against Respondent

Orders

  • Respondent to pay Applicant HK$66,537.24
  • Interest on HK$66,537.24 at half judgment rate from 2 April 2014 to date of judgment and thereafter at judgment rate until payment