NG WING KWONG v. LEE WAI KIU t/a "好味道荼餐廳" AND ANOTHER

NG WING KWONG v. LEE WAI KIU t/a "好味道荼餐廳" AND ANOTHER

Court accepted plaintiff's unchallenged monthly earnings of HK$18,200, adopted experts' common 12% loss of earning capacity for s9, accepted 26 months as reasonable sick leave for s10 and pre-trial loss based on medical evidence, awarded specified statutory sums under ss9,10,10A and awarded PI damages as pleaded subject to credit to avoid double recovery; ordered interest and costs accordingly.

Citation
[2021] HKDC 1430
Parties
Plaintiff/applicant: NG WING KWONG; 1st Defendant/1st Respondent (in Person): LEE WAI KIU trading as “好味道荼餐廳”; 2nd Defendant/2nd Respondent: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2021
Case Number
DCEC1593/2019
Procedural Posture
Personal Injury Action and Employees' Compensation Application / Assessment Hearing on Quantum (damages and Statutory Compensation)
Outcome
Assessment of compensation and damages awarded in favour of plaintiff/applicant as detailed; costs order nisi in favour of plaintiff against 1st defendant; no costs order between plaintiff and Board.
Legal Topics
Quantum Assessment, Statutory Compensation Under ECO, Sick Leave and Temporary Incapacity, Loss of Earning Capacity, Interest and Costs
Source Language
EN
Personal Injury Employees' Compensation Civil Procedure Quantum Assessment Statutory Compensation Under ECO Sick Leave and Temporary Incapacity Loss of Earning Capacity Interest and Costs

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Parties

NG WING KWONG

Plaintiff/applicant

LEE WAI KIU trading as “好味道荼餐廳”

1st Defendant/1st Respondent (in Person)

Employees Compensation Assistance Fund Board

2nd Defendant/2nd Respondent

Procedural Posture

Personal Injury Action and Employees' Compensation Application / Assessment Hearing on Quantum (damages and Statutory Compensation)

Legal Issues

  1. 1 Proper monthly earnings to be adopted for ECO calculations
  2. 2 Appropriate percentage loss of earning capacity under s9 ECO
  3. 3 Appropriate period of sick leave for s10 ECO compensation and pre-trial loss of earnings

Ratio Decidendi

Court accepted plaintiff's unchallenged monthly earnings of HK$18,200, adopted experts' common 12% loss of earning capacity for s9, accepted 26 months as reasonable sick leave for s10 and pre-trial loss based on medical evidence, awarded specified statutory sums under ss9,10,10A and awarded PI damages as pleaded subject to credit to avoid double recovery; ordered interest and costs accordingly.

Court Disposition

Assessment of compensation and damages awarded in favour of plaintiff/applicant as detailed; costs order nisi in favour of plaintiff against 1st defendant; no costs order between plaintiff and Board.

Orders

  • DCEC 1593/2018: Compensation under Employees' Compensation Ordinance awarded totalling HK$495,392 (s9 HK$104,832; s10 HK$378,560; s10A HK$12,000) with interest at half judgment rate from date of accident to date of judgment and thereafter at judgment rate until payment
  • DCPI 1819/2020: Damages in personal injury action awarded totalling HK$1,158,560 (PSLA HK$500,000; Pre-trial loss HK$496,860; Loss of earning capacity HK$109,200; Special damages HK$42,500; Future expenses HK$10,000) with interest: PSLA at 2% p.a. from service of writ (15 June 2020) to date of judgment; pre-trial...