MOHAMMAD ZARBAS formerly known as MOHAMMED ZARBAS v. 廖超能 AND ANOTHER

MOHAMMAD ZARBAS formerly known as MOHAMMED ZARBAS v. 廖超能 AND ANOTHER

On the balance of probabilities the court found that Ah Chiu was the employer of the claimant and that the claimant was performing work under the contract between Ah Chiu and Wai Lun at the time of injury; accordingly Wai Lun was liable as principal contractor under section 24 E.C.O. Relief for permanent and...

Source-derived case information.

Citation
[2019] HKDC 516
Parties
Applicant: Mr Zarbas; 1st Respondent: Ah Chiu; 2nd Respondent: Wai Lun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 April 2019
Case Number
DCEC2332/2015
Procedural Posture
Employees Compensation Claim / Judgment
Outcome
Claim allowed in part; liability found against 1st and 2nd Respondents; compensation awarded to Applicant
Legal Topics
Employer Liability, Principal Contractor Liability Under Employees Compensation Ordinance, Quantum Assessment, Medical Evidence and Credibility, Sick Leave Assessment
Source Language
en
Employment Law Workers' Compensation Personal Injury Law Employer Liability Principal Contractor Liability Under Employees Compensation Ordinance Quantum Assessment Medical Evidence and Credibility Sick Leave Assessment

Source-derived case record

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Parties

Mr Zarbas

Applicant

Ah Chiu

1st Respondent

Wai Lun

2nd Respondent

Procedural Posture

Employees Compensation Claim / Judgment

Legal Issues

  1. 1 Whether claimant was an employee of the 1st Respondent
  2. 2 Whether the 2nd Respondent was liable as principal contractor under section 24 Employees Compensation Ordinance Cap 282
  3. 3 Credibility of claimant's complaints and medical evidence

Ratio Decidendi

On the balance of probabilities the court found that Ah Chiu was the employer of the claimant and that the claimant was performing work under the contract between Ah Chiu and Wai Lun at the time of injury; accordingly Wai Lun was liable as principal contractor under section 24 E.C.O. Relief for permanent and temporary incapacity and medical expenses was awarded totalling HK$325,096.

Court Disposition

Claim allowed in part; liability found against 1st and 2nd Respondents; compensation awarded to Applicant

Orders

  • Employees compensation assessed at HK$325,096 with interest payable at half judgment rate from the date of injury until full payment
  • Costs of the action to the Applicant to be paid by the 1st and 2nd Respondents to be taxed if not agreed on a party to party basis on the District Court scale