PANG CHUN SING 對 PO FU WAH及另一人

PANG CHUN SING 對 PO FU WAH及另一人

Claim dismissed because claimant failed to prove the accident as occurring in the course of employment on the balance of probabilities; claimant's testimony and his father's were found wholly unreliable; hospital records did not record a work injury; even if an accident occurred claimant was self-employed and not an employee of either respondent and the second respondent was not a principal contractor under the Ordinance; consequently no compensatory award and respondents entitled to costs.

Citation
[2024] HKDC 1347
Parties
Applicant: PANG CHUN SING; First Respondent: PO FU WAH; Second Respondent: CITY CENTRE MOTORS COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 August 2024
Case Number
DCEC2179/2020
Procedural Posture
Employees' Compensation Claim (cap. 282) / Trial Judgment
Outcome
Claim dismissed; application for employees' compensation denied.
Legal Topics
Employment Status (employee Vs Self Employed), Credibility of Witnesses, Principal Contractor Liability Under S.24, Quantum of Compensation, Costs and Legal Aid Assessment
Source Language
CH
Employment Law Personal Injury/compensation Law Civil Procedure Evidence Employment Status (employee Vs Self Employed) Credibility of Witnesses Principal Contractor Liability Under S.24 Quantum of Compensation +1 more

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Parties

PANG CHUN SING

Applicant

PO FU WAH

First Respondent

CITY CENTRE MOTORS COMPANY LIMITED

Second Respondent

Procedural Posture

Employees' Compensation Claim (cap. 282) / Trial Judgment

Legal Issues

  1. 1 Did the accident occur as alleged on 2 October 2019?
  2. 2 If it occurred, was the claimant employed by the first or second respondent at the time?
  3. 3 If it occurred, was the second respondent a "principal contractor" under the Ordinance?

Ratio Decidendi

Claim dismissed because claimant failed to prove the accident as occurring in the course of employment on the balance of probabilities; claimant's testimony and his father's were found wholly unreliable; hospital records did not record a work injury; even if an accident occurred claimant was self-employed and not an employee of either respondent and the second respondent was not a principal contractor under the Ordinance; consequently no compensatory award and respondents entitled to costs.

Court Disposition

Claim dismissed; application for employees' compensation denied.

Orders

  • Application dismissed and claim struck out.
  • Applicant ordered to pay the respondents' costs including reserved costs and the costs of instructing counsel.