LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

On the uncontradicted documentary and witness evidence the court found R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with...

Source-derived case information.

Citation
LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER
Parties
Applicant: Li Yuen Yau; Applicant: Lee Chiu Lan; Applicant: Ignatova Lyudmila Mikhalovna; Applicant: Mikhaylishina Olesya Igorevna; Applicant: Sherstyuk Irina Sergeevna; Applicant: Stepanova Valentina Konstantinovna; Applicant: Pozdnyak Olga Lvovna; Applicant: Trofimov Oksana Vladimirovna; 1st Respondent: Viatech Engineering Limited; 2nd Respondent: Zen Pacific Civil Contractors Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2007
Case Number
DCEC154/2004
Procedural Posture
Employees Compensation / Assessment of Compensation; Judgment on Liability and Quantum (judgment Delivered 20 March 2007)
Outcome
Judgment for Applicants; 1st Respondent (Viatech) liable as employer; 2nd Respondent (Zen Pacific) liable as principal contractor; compensation assessed
Legal Topics
Workplace Death, Employer Liability, Principal Contractor Liability, Statutory Compensation, Apportionment of Compensation, Indemnity Claim
Source Language
en
Employment Law Maritime Law Personal Injury Insurance Law Workplace Death Employer Liability Principal Contractor Liability Statutory Compensation +2 more

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Parties

Li Yuen Yau

Applicant

Lee Chiu Lan

Applicant

Ignatova Lyudmila Mikhalovna

Applicant

Mikhaylishina Olesya Igorevna

Applicant

Sherstyuk Irina Sergeevna

Applicant

Stepanova Valentina Konstantinovna

Applicant

Pozdnyak Olga Lvovna

Applicant

Trofimov Oksana Vladimirovna

Applicant

Viatech Engineering Limited

1st Respondent

Zen Pacific Civil Contractors Limited

2nd Respondent

Procedural Posture

Employees Compensation / Assessment of Compensation; Judgment on Liability and Quantum (judgment Delivered 20 March 2007)

Legal Issues

  1. 1 Whether the 1st Respondent was the employer of the eight deceased
  2. 2 Whether the 2nd Respondent was the principal contractor liable under s.24 of Cap.282
  3. 3 Whether the deaths arose out of and in the course of employment (s.5(4)(a))

Ratio Decidendi

On the uncontradicted documentary and witness evidence the court found R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment under Schedule 7 as set out in the judgment; interest and costs awarded; indemnity claim by R2 against R1 to be heard subsequently under s.24(2).

Court Disposition

Judgment for Applicants; 1st Respondent (Viatech) liable as employer; 2nd Respondent (Zen Pacific) liable as principal contractor; compensation assessed

Orders

  • DCEC 153/2004 (Tso Pak-kuen): Award HK$504,000; statutory funeral expenses HK$35,000; interest at half judgment rate from date of accident until date of award and judgment rate thereafter until payment; apportionment and costs as per Schedule 7 and order
  • DCEC 154/2004 (Chan Shing-tong): Award HK$756,000; statutory funeral expenses HK$35,000; interest at half judgment rate from date of accident until date of award and judgment rate thereafter until payment; apportionment and costs as per Schedule 7 and order