JATINDER SINGH v. CHEUNG LIT KAM AND ANOTHER

JATINDER SINGH v. CHEUNG LIT KAM AND ANOTHER

Applicant failed to prove on the balance of probabilities that he was employed by the 1st Respondent at the time of the accident due to absence of contemporaneous evidence and insufficiency of viva voce evidence; driver was not found hostile; adverse inference was inapplicable; claim dismissed. The court noted that if liability were established, compensation would be HK$260,041.60 based on scheduled and non‑scheduled assessments adopted by the judge.

Citation
[2024] HKDC 1827
Parties
Applicant: Jatinder Singh; 1st Respondent: Cheung Lit Kam; 2nd Respondent: Employees' Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 November 2024
Case Number
DCEC480/2020
Procedural Posture
Employees' Compensation / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Employees' Compensation Ordinance, Burden of Proof, Employer Liability, Assessment of Damages, Illegal Worker Discretion Under S2(2)
Source Language
EN
Employment Personal Injury Statutory Compensation Employees' Compensation Ordinance Burden of Proof Employer Liability Assessment of Damages Illegal Worker Discretion Under S2(2)

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Parties

Jatinder Singh

Applicant

Cheung Lit Kam

1st Respondent

Employees' Compensation Assistance Fund Board

2nd Respondent

Procedural Posture

Employees' Compensation / Judgment After Trial

Legal Issues

  1. 1 Whether the Applicant was employed by the 1st Respondent at the time of the accident
  2. 2 Whether the burden of proof on employment was discharged on the balance of probabilities
  3. 3 Whether an adverse inference should be drawn from the 1st Respondent's non‑attendance

Ratio Decidendi

Applicant failed to prove on the balance of probabilities that he was employed by the 1st Respondent at the time of the accident due to absence of contemporaneous evidence and insufficiency of viva voce evidence; driver was not found hostile; adverse inference was inapplicable; claim dismissed. The court noted that if liability were established, compensation would be HK$260,041.60 based on scheduled and non‑scheduled assessments adopted by the judge.

Court Disposition

Claim dismissed

Orders

  • Applicant shall bear the costs of the 2nd Respondent (including all costs reserved, if any), with certificate for counsel, to be taxed if not agreed
  • Applicant's own costs shall be taxed in accordance with the Legal Aid Regulations