HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER

HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER

The court found that the applicant's nationality, low education level, language limitations and inability to return to his pre-accident skilled trade constituted special circumstances under section 9(1A), permitting application of the Hong Kong Paper Mills formula; applying that formula produced the award under section 9 and the appeal was allowed.

Citation
HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER
Parties
Applicant: HANG HUU DUC; 1st Respondent: HANBO ENGINEERING LIMITED; 2nd Respondent: HYUNDAI ENGINEERING & CONSTRUCTION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 March 2005
Case Number
DCEC201/2003
Procedural Posture
Employees Compensation Ordinance Claim / Assessment of Compensation; Appeal Under Section 18 Against Board Certificate; Liability Previously Entered by Consent
Outcome
Appeal allowed; Hong Kong Paper Mills formula applied; monetary awards made; interest and costs ordered.
Legal Topics
Employees Compensation Ordinance, Assessment of Damages, Hong Kong Paper Mills Formula, Loss of Earning Capacity, Section 9(1 A) Special Circumstances
Source Language
EN
Employment Law Personal Injury Workers' Compensation Employees Compensation Ordinance Assessment of Damages Hong Kong Paper Mills Formula Loss of Earning Capacity Section 9(1 A) Special Circumstances

Case Brief

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Parties

HANG HUU DUC

Applicant

HANBO ENGINEERING LIMITED

1st Respondent

HYUNDAI ENGINEERING & CONSTRUCTION COMPANY LIMITED

2nd Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Assessment of Compensation; Appeal Under Section 18 Against Board Certificate; Liability Previously Entered by Consent

Legal Issues

  1. 1 Whether the Hong Kong Paper Mills formula applies to assessment under section 9(1A)
  2. 2 Whether special circumstances exist to justify departure from Board assessment
  3. 3 Appropriate computation of loss of earning capacity and quantum

Ratio Decidendi

The court found that the applicant's nationality, low education level, language limitations and inability to return to his pre-accident skilled trade constituted special circumstances under section 9(1A), permitting application of the Hong Kong Paper Mills formula; applying that formula produced the award under section 9 and the appeal was allowed.

Court Disposition

Appeal allowed; Hong Kong Paper Mills formula applied; monetary awards made; interest and costs ordered.

Orders

  • Compensation under section 9 awarded at $1,659,168.00 HKD
  • Compensation under section 10 awarded at $755,040.00 HKD