LIN MEIZHEN 對 CHOI LAY CHEUNG 及另一人

LIN MEIZHEN 對 CHOI LAY CHEUNG 及另一人

The court accepted the applicant's evidence of earnings and the Form 7 assessment (3% permanent loss of earning capacity) and computed statutory compensation under ss.9,10 and 10A accordingly, adding interest from the date of the accident to judgment; costs were ordered nisi against the respondents who failed to attend or contest quantum.

Citation
[2021] HKDC 267
Parties
Applicant: LIN MEIZHEN; First Respondent: CHOI LAY CHEUNG; Second Respondent: 黃紅英
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 February 2021
Case Number
DCEC1426/2017
Procedural Posture
Employees' Compensation Claim / Assessment Hearing (quantification After Liability Admitted)
Outcome
Applicant awarded statutory compensation and interest; costs ordered nisi against both respondents; costs to be assessed if not agreed; costs order nisi to become absolute if no application to vary within 14 days.
Legal Topics
Employees' Compensation Ordinance, Assessment of Compensation, Medical Expenses, Interest on Awards, Costs
Source Language
CH
Employment Law Personal Injury Compensation Law Employees' Compensation Ordinance Assessment of Compensation Medical Expenses Interest on Awards Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

LIN MEIZHEN

Applicant

CHOI LAY CHEUNG

First Respondent

黃紅英

Second Respondent

Procedural Posture

Employees' Compensation Claim / Assessment Hearing (quantification After Liability Admitted)

Legal Issues

  1. 1 Quantum of compensation under ss.9,10 and 10A of the Employees' Compensation Ordinance (Cap.282)
  2. 2 Calculation of income and loss of earning capacity
  3. 3 Entitlement to medical expenses

Ratio Decidendi

The court accepted the applicant's evidence of earnings and the Form 7 assessment (3% permanent loss of earning capacity) and computed statutory compensation under ss.9,10 and 10A accordingly, adding interest from the date of the accident to judgment; costs were ordered nisi against the respondents who failed to attend or contest quantum.

Court Disposition

Applicant awarded statutory compensation and interest; costs ordered nisi against both respondents; costs to be assessed if not agreed; costs order nisi to become absolute if no application to vary within 14 days.

Orders

  • Respondents ordered to pay the applicant HK$112,406 as compensation pursuant to ss.9,10 and 10A of the Employees' Compensation Ordinance
  • Respondents ordered to pay interest on the award from 16 August 2015 to 11 February 2021 at 4% per annum amounting to HK$24,729.32, totaling HK$137,135.32