HUI CHI KEUNG 對 LIU CHI KONG AND LIU CHI MAN, the co-administrators of the estate of the Defendant LIU LUN t/a WING SHING COMPANY, the deceased

HUI CHI KEUNG 對 LIU CHI KONG AND LIU CHI MAN, the co-administrators of the estate of the Defendant LIU LUN t/a WING SHING COMPANY, the deceased

The court accepted the applicant's credibility, found his demolition activity was incidental to his employment and related to the respondent's business, the respondent failed to rebut the s5(4) deeming provision, and therefore the accident arose in the course of employment; respondent liable for statutory...

Source-derived case information.

Citation
[2021] HKDC 913
Parties
Applicant: HUI CHI KEUNG; Respondent: LIU CHI KONG AND LIU CHI MAN, the co-administrators of the estate of the Defendant LIU LUN trading as WING SHING COMPANY, the deceased
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2021
Case Number
DCEC2221/2013
Procedural Posture
Employees' Compensation / Regional Court Hearing and Judgment
Outcome
Claim allowed; respondent found liable for employees' compensation
Legal Topics
Accident Arising in the Course of Employment, Deeming Provision Under S5(4), Employer Liability, Quantification of Statutory Compensation
Source Language
ch
Employment and Labour Workers' Compensation Personal Injury Accident Arising in the Course of Employment Deeming Provision Under S5(4) Employer Liability Quantification of Statutory Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

HUI CHI KEUNG

Applicant

LIU CHI KONG AND LIU CHI MAN, the co-administrators of the estate of the Defendant LIU LUN trading as WING SHING COMPANY, the deceased

Respondent

Procedural Posture

Employees' Compensation / Regional Court Hearing and Judgment

  1. 1 Whether the accident arose in the course of employment
  2. 2 Whether respondent instructed or authorised demolition work or applicant acted outside employment
  3. 3 Validity and effect of the purported release letter

Ratio Decidendi

The court accepted the applicant's credibility, found his demolition activity was incidental to his employment and related to the respondent's business, the respondent failed to rebut the s5(4) deeming provision, and therefore the accident arose in the course of employment; respondent liable for statutory compensation which the court calculated under ss9,10 and 10A and deducted payments already received.

Court Disposition

Claim allowed; respondent found liable for employees' compensation

Orders

  • Respondent to pay applicant total compensation of HK$176,017.80 (comprising HK$37,440 under s9, HK$146,217.80 under s10 and HK$360 under s10A) less HK$8,000 already paid
  • Respondent to pay interest: from date of accident 25 February 2013 to date of this judgment at half the judgment rate; thereafter interest at the judgment rate until full payment