MUHAMMAD ABID UMARZAI 對 MARK OCEAN (CHINA) LTD 及另二人

MUHAMMAD ABID UMARZAI 對 MARK OCEAN (CHINA) LTD 及另二人

The court found the applicant failed to prove on the balance of probabilities that the accident occurred at the time and place and in the circumstances alleged; accordingly the employee compensation claim was dismissed. Although the court also found the applicant was an employee of the first respondent at the relevant time, that finding did not entitle the applicant to compensation because causation (the accident as pleaded) was not established.

Citation
[2021] HKDC 1237
Parties
Applicant: MUHAMMAD ABID UMARZAI; First Respondent: MARK OCEAN (CHINA) LIMITED; Second Respondent: EVER GLORY LOGISTICS LIMITED; Third Respondent: ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2021
Case Number
DCEC1908/2018
Procedural Posture
Employees Compensation / Judgment
Outcome
application dismissed
Legal Topics
Employment Status, Workplace Accident, Burden of Proof, Credibility of Records, Assessment of Costs
Source Language
CH
Employment Law Workers' Compensation Civil Evidence Costs Employment Status Workplace Accident Burden of Proof Credibility of Records +1 more

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Parties

MUHAMMAD ABID UMARZAI

Applicant

MARK OCEAN (CHINA) LIMITED

First Respondent

EVER GLORY LOGISTICS LIMITED

Second Respondent

ASSISTANCE FUND BOARD

Third Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the alleged accident on 12 July 2017 occurred as pleaded
  2. 2 Whether the applicant was employed by the first and/or second respondent at the material time
  3. 3 Whether the injury arose out of and in the course of employment

Ratio Decidendi

The court found the applicant failed to prove on the balance of probabilities that the accident occurred at the time and place and in the circumstances alleged; accordingly the employee compensation claim was dismissed. Although the court also found the applicant was an employee of the first respondent at the relevant time, that finding did not entitle the applicant to compensation because causation (the accident as pleaded) was not established.

Court Disposition

application dismissed

Orders

  • Applicant's compensation claim is dismissed
  • Applicant must pay costs to the first and second respondents and the Assistance Fund Board; costs to be assessed on the basis of parties' contribution to the proceedings if not agreed