JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

Court exercised its discretion under section 2(2) ECO in favour of the injured plaintiff; on the balance of probabilities Yeung was the plaintiff's employer and breached duties as employer and occupier; Up Cheer was an occupier who failed to take reasonable care in selecting and supervising the contractor and is therefore liable in tort; Cheng/Ah Loi were not proven to be employers; no contributory negligence; specified statutory and common law damages awarded with set offsets and costs orders.

Citation
JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS
Parties
Plaintiff: Jiang Zhong; 1st Defendant / Occupier: Up Cheer Limited; 2nd Defendant / Employer (found): Yeung Chun Leung trading as Dream Home Workshop; 3rd Defendant: Cheng Kwok Wei trading as Hon Hing Engineering Company; 4th Defendant: Kwok Man Lung; Intervener: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 February 2016
Case Number
DCEC1267/2010
Procedural Posture
Personal Injuries Action and Employees Compensation Application / Trial Judgment (first Instance)
Outcome
Judgment for plaintiff. Discretion under ECO s2(2) exercised in favour of plaintiff; Yeung liable as employer; Up Cheer and Yeung liable in personal injury action; Cheng not liable.
Legal Topics
Employees Compensation Ordinance S2(2) Discretion, Identity of Employer, Illegal Employment, Occupiers Liability Ordinance S3(4)(b), Duty of Care of Employer, Quantum of Damages, Adverse Inference for Non‑attendance, Mitigation of Loss Under ECO
Source Language
EN
Employment Law Tort Occupiers Liability Personal Injury Statutory Compensation Evidence (adverse Inference) Employees Compensation Ordinance S2(2) Discretion Identity of Employer +6 more

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Parties

Jiang Zhong

Plaintiff

Up Cheer Limited

1st Defendant / Occupier

Yeung Chun Leung trading as Dream Home Workshop

2nd Defendant / Employer (found)

Cheng Kwok Wei trading as Hon Hing Engineering Company

3rd Defendant

Kwok Man Lung

4th Defendant

Employees Compensation Assistance Fund Board

Intervener

Procedural Posture

Personal Injuries Action and Employees Compensation Application / Trial Judgment (first Instance)

Legal Issues

  1. 1 Whether court should exercise discretion under s2(2) ECO to treat illegal employment as valid for compensation
  2. 2 Identity of the injured persons employer(s)
  3. 3 Whether owner/occupier (Up Cheer) is liable under occupiers liability for injuries caused by contractors operations

Ratio Decidendi

Court exercised its discretion under section 2(2) ECO in favour of the injured plaintiff; on the balance of probabilities Yeung was the plaintiff's employer and breached duties as employer and occupier; Up Cheer was an occupier who failed to take reasonable care in selecting and supervising the contractor and is therefore liable in tort; Cheng/Ah Loi were not proven to be employers; no contributory negligence; specified statutory and common law damages awarded with set offsets and costs orders.

Court Disposition

Judgment for plaintiff. Discretion under ECO s2(2) exercised in favour of plaintiff; Yeung liable as employer; Up Cheer and Yeung liable in personal injury action; Cheng not liable.

Orders

  • EC Action: section 9 compensation awarded HK$4,819
  • EC Action: section 10 compensation awarded HK$10,709