HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26...

Source-derived case information.

Citation
[2023] HKDC 918
Parties
Applicant: HUNG SHING KEUNG; Respondent: LEUNG YUN SANG trading as 興旺搬屋公司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 July 2023
Case Number
DCEC2233/2021
Procedural Posture
Employees' Compensation / Judgment
Outcome
Applicant's appeal allowed in part. Court finds respondent liable to pay statutory compensation and costs.
Legal Topics
Employee Status, Wilful Misconduct/self Harm, Compensation Quantum, Medical Expert Evidence, Section 18 Appeal
Source Language
ch
Employment Workers' Compensation Personal Injury Evidence Employee Status Wilful Misconduct/self Harm Compensation Quantum Medical Expert Evidence +1 more

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 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

HUNG SHING KEUNG

Applicant

LEUNG YUN SANG trading as 興旺搬屋公司

Respondent

Procedural Posture

Employees' Compensation / Judgment

  1. 1 Whether applicant was an employee or self-employed at time of accident
  2. 2 Whether the injury resulted from deliberate self-harm or serious and wilful misconduct
  3. 3 Proper measure of applicant's monthly income for compensation calculation

Ratio Decidendi

On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26 (statistical average) giving monthly income HK$28,600; orthopaedic expert unchallenged assessed permanent loss of earning capacity at 3%; applying statutory formulas yields awards of HK$61,776 (s9), HK$296,677.33 (s10) and HK$1,024 (s10A) less HK$1,000 already paid, total HK$358,477.33 payable by respondent together with prescribed interest and costs.

Court Disposition

Applicant's appeal allowed in part. Court finds respondent liable to pay statutory compensation and costs.

Orders

  • Respondent to pay applicant HK$358,477.33 as compensation
  • Interest on the award from 24 August 2020 to date of the judgment at one-half of the judgment rate, thereafter at the judgment rate until full payment