LI HUIDI, the administratrix of the estate of LEUNG KIN MING, deceased 對 TSANG YING FONG t/a WOOI MEI GOON

LI HUIDI, the administratrix of the estate of LEUNG KIN MING, deceased 對 TSANG YING FONG t/a WOOI MEI GOON

Court accepted the applicant's uncontested evidence that the deceased's monthly income was HK$19,000 and accepted the Form 7 assessment of 1% permanent loss and 130 days' incapacity. Applying s7(1)(c) cap of 48 months for a 64‑year‑old, s9 compensation = 19,000 x 48 x 1% = HK$9,120. Applying s10(1) temporary...

Source-derived case information.

Citation
[2023] HKDC 615
Parties
Applicant: LI HUIDI, administratrix of the estate of LEUNG KIN MING, deceased; Respondent: TSANG YING FONG trading as WOOI MEI GOON
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 May 2023
Case Number
DCEC2196/2021
Procedural Posture
Employees' Compensation / Assessment Hearing; Judgment Delivered
Outcome
Respondent liable to pay compensation to applicant totaling HK$74,986.67 plus interest; provisional costs order in favour of applicant.
Legal Topics
Workers' Compensation, Calculation of Monthly Earnings, Permanent Loss of Earning Capacity, Temporary Incapacity Compensation, Interest and Costs
Source Language
ch
Employment Law Personal Injury Compensation Law Workers' Compensation Calculation of Monthly Earnings Permanent Loss of Earning Capacity Temporary Incapacity Compensation Interest and Costs

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

Parties

LI HUIDI, administratrix of the estate of LEUNG KIN MING, deceased

Applicant

TSANG YING FONG trading as WOOI MEI GOON

Respondent

Procedural Posture

Employees' Compensation / Assessment Hearing; Judgment Delivered

  1. 1 Determination of deceased's monthly income for compensation calculation under s11(1)
  2. 2 Quantum of compensation under s9 for permanent loss of earning capacity
  3. 3 Quantum of compensation under s10 for temporary incapacity (sick leave)

Ratio Decidendi

Court accepted the applicant's uncontested evidence that the deceased's monthly income was HK$19,000 and accepted the Form 7 assessment of 1% permanent loss and 130 days' incapacity. Applying s7(1)(c) cap of 48 months for a 64‑year‑old, s9 compensation = 19,000 x 48 x 1% = HK$9,120. Applying s10(1) temporary incapacity formula, s10 compensation = 19,000 x 4/5 x 130/30 = HK$65,866.67. Total compensation awarded = HK$74,986.67. Interest ordered at half the judgment rate from date of accident to judgment, then at full rate until payment. Provisional costs order made in favour of applicant with 14 days to apply to vary.

Court Disposition

Respondent liable to pay compensation to applicant totaling HK$74,986.67 plus interest; provisional costs order in favour of applicant.

Orders

  • Respondent to pay HK$9,120 under s9 (permanent loss of earning capacity).
  • Respondent to pay HK$65,866.67 under s10 (temporary incapacity for 130 days).