GURUNG DUNGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER

GURUNG DUNGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER

The court concluded that Master Levy's detailed common law awards (pre-trial and future loss of earnings and special damages) fully covered the statutory entitlements claimed under sections 9, 10 and 10A of the Employees Compensation Ordinance; therefore the employees' compensation application was redundant and must be dismissed.

Citation
GURUNG DUNGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER
Parties
Applicant: Gurung Dunga Bahadur; 1st Respondent: Kam Tai Construction Co. Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 October 2009
Case Number
DCEC224/2002
Procedural Posture
Employees Compensation Case / Application to Dismiss Following Assessment of Common Law Damages
Outcome
Application dismissed
Legal Topics
Employees Compensation Ordinance, Assessment of Damages, Double Recovery/set Off, Costs
Source Language
EN
Employment Law Personal Injury Tort Statutory Compensation Employees Compensation Ordinance Assessment of Damages Double Recovery/set Off Costs

Case Brief

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Parties

Gurung Dunga Bahadur

Applicant

Kam Tai Construction Co. Ltd.

1st Respondent

Procedural Posture

Employees Compensation Case / Application to Dismiss Following Assessment of Common Law Damages

Legal Issues

  1. 1 Whether common law damages award covers and extinguishes statutory entitlements under the Employees Compensation Ordinance (ss.9,10,10A)
  2. 2 Whether the employees compensation application is redundant and should be dismissed
  3. 3 Allocation of costs following dismissal

Ratio Decidendi

The court concluded that Master Levy's detailed common law awards (pre-trial and future loss of earnings and special damages) fully covered the statutory entitlements claimed under sections 9, 10 and 10A of the Employees Compensation Ordinance; therefore the employees' compensation application was redundant and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Order nisi for costs: Applicant to pay Respondents' costs of the hearing on 10 September 2009, to be taxed if not agreed, with no certificate for Counsel; order to be made absolute in 14 days.