LEUNG KAM TO v. LAU KA YEUNG AND OTHERS

LEUNG KAM TO v. LAU KA YEUNG AND OTHERS

Court finds on balance the accident occurred during work on scaffolding and that the applicant was employed by the 2nd respondent, Kinway, for the purpose of the Ordinance; monthly earnings are to be calculated on the employer's cash wage of $800/day and a notional 26 working days per month, giving monthly earnings...

Source-derived case information.

Citation
LEUNG KAM TO v. LAU KA YEUNG AND OTHERS
Parties
Applicant: Leung Kam To; 1st Respondent (discontinued): Lau Ka Yeung; 2nd Respondent: Kinway Engineering Limited; 3rd Respondent: Shui On Building Contractors Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 July 2004
Case Number
DCEC342/2001
Procedural Posture
Employees Compensation / Trial and Judgment (reasons for Judgment)
Outcome
Judgment for applicant against 2nd and 3rd respondents; 3rd respondent indemnified by 2nd respondent
Legal Topics
Employees Compensation Ordinance, Employer Liability, Indemnity Under Section 24, Earnings Calculation
Source Language
en
Employment Law Personal Injury Statutory Compensation Employees Compensation Ordinance Employer Liability Indemnity Under Section 24 Earnings Calculation

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Parties

Leung Kam To

Applicant

Lau Ka Yeung

1st Respondent (discontinued)

Kinway Engineering Limited

2nd Respondent

Shui On Building Contractors Limited

3rd Respondent

Procedural Posture

Employees Compensation / Trial and Judgment (reasons for Judgment)

Legal Issues

  1. 1 Did the accident occur?
  2. 2 Who was the applicant's employer at the time of the accident?
  3. 3 How are monthly earnings to be calculated under the Ordinance?

Ratio Decidendi

Court finds on balance the accident occurred during work on scaffolding and that the applicant was employed by the 2nd respondent, Kinway, for the purpose of the Ordinance; monthly earnings are to be calculated on the employer's cash wage of $800/day and a notional 26 working days per month, giving monthly earnings $20,800; awards calculated accordingly and 3rd respondent entitled to 100% indemnity from 2nd respondent under s24.

Court Disposition

Judgment for applicant against 2nd and 3rd respondents; 3rd respondent indemnified by 2nd respondent

Orders

  • Judgment entered for the Applicant against the 2nd and 3rd Respondents for $197,184.00 with interest and costs
  • Award under section 9: $59,904.00