LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

LIU XIAOPING v. HUEN HO YIN and HUEN YUEN FAN, the Joint and Several Liquidators of LEUNG SUM KEE ET AL FRAMEWORK, PIPEWORK AND DEMOLISH ENGINEERING LTD (IN LIQUIDATION) AND ANOTHER

Court accepted contemporaneous statements that the deceased earned $1,500 per day and worked 22 days per month, fixing monthly earnings at $33,000 but applying the Sixth Schedule cap of $28,360; applying multiplier 60 produced s6(1) compensation of $1,701,600, funeral expenses capped at $83,700, total award $1,785,300; interest ordered from date of accident and compensation apportioned in accordance with Seventh Schedule paragraph 5 (50% to wife, 25% to each child); costs to be paid by respondents for assessment with taxation if not agreed.

Citation
[2022] HKDC 1063
Parties
Applicant: Liu Xiaoping; 1st Respondent: Huen Ho Yin and Huen Yuen Fan, the Joint and Several Liquidators of Leung Sum Kee et al Framework, Pipework and Demolish Engineering Limited (in liquidation); 2nd Respondent: AzTogether Decoration Engineering Co Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 September 2022
Case Number
DCEC2169/2020
Procedural Posture
Employees' Compensation / Trial for Assessment of Compensation Following Interlocutory Judgment on Liability
Outcome
Judgment for the applicant for statutory employees' compensation totalling $1,785,300 with interest and costs; apportionment ordered among dependants.
Legal Topics
Workers' Compensation, Fatal Workplace Accident, Calculation of Monthly Earnings, Statutory Caps, Funeral Expenses, Interest on Awards, Apportionment of Compensation, Costs
Source Language
EN
Employment Law Statutory Compensation Personal Injury/tort Insolvency Procedure Workers' Compensation Fatal Workplace Accident Calculation of Monthly Earnings Statutory Caps +4 more

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Parties

Liu Xiaoping

Applicant

Huen Ho Yin and Huen Yuen Fan, the Joint and Several Liquidators of Leung Sum Kee et al Framework, Pipework and Demolish Engineering Limited (in liquidation)

1st Respondent

AzTogether Decoration Engineering Co Limited

2nd Respondent

Procedural Posture

Employees' Compensation / Trial for Assessment of Compensation Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Proper method and quantum for calculating monthly earnings under s6(1) ECO
  2. 2 Application of Sixth Schedule statutory maximum monthly earnings
  3. 3 Recoverability and cap on funeral expenses under s6(5) and Sixth Schedule

Ratio Decidendi

Court accepted contemporaneous statements that the deceased earned $1,500 per day and worked 22 days per month, fixing monthly earnings at $33,000 but applying the Sixth Schedule cap of $28,360; applying multiplier 60 produced s6(1) compensation of $1,701,600, funeral expenses capped at $83,700, total award $1,785,300; interest ordered from date of accident and compensation apportioned in accordance with Seventh Schedule paragraph 5 (50% to wife, 25% to each child); costs to be paid by respondents for assessment with taxation if not agreed.

Court Disposition

Judgment for the applicant for statutory employees' compensation totalling $1,785,300 with interest and costs; apportionment ordered among dependants.

Orders

  • Award of compensation in the total sum of $1,785,300 payable to the applicant
  • Interest at half judgment rate from 13 December 2018 to date of judgment and at judgment rate thereafter until payment