SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER

Court found on balance that the applicant was injured at the site on 15/5/2001 in the course of his employment, that the applicant was employed by the 1st Respondent and both 1st and 2nd Respondents were liable under the Ordinance; the Assessment Board's 2.5% loss of earning capacity was adopted and the applicant's appeal dismissed; final net award HK$26,640 plus interest and costs orders as set out.

Citation
SINGH BALWINDER v. SINO PHIL ENGINEERING SERVICES LTD AND ANOTHER
Parties
Applicant: Singh Balwinder; 1st Respondent: Sino Phil Engineering Services Limited; 2nd Respondent: Hyundai Engineering & Construction Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 July 2007
Case Number
DCEC374/2003
Procedural Posture
Employees Compensation / Judgment
Outcome
Appeal dismissed; judgment entered for applicant against respondents in amount HK$26,640 plus interest; costs order nisi made as specified.
Legal Topics
Employer Liability, Loss of Earning Capacity, Causation, Assessment of Statutory Compensation, Credibility of Witnesses
Source Language
EN
Employment Law Workers' Compensation Personal Injury Insurance Law Employer Liability Loss of Earning Capacity Causation Assessment of Statutory Compensation +1 more

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Parties

Singh Balwinder

Applicant

Sino Phil Engineering Services Limited

1st Respondent

Hyundai Engineering & Construction Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant suffered a work accident on 15/5/2001
  2. 2 Whether the applicant was employed by the 1st Respondent or by another company/person
  3. 3 Whether the injury arose out of and in the course of employment

Ratio Decidendi

Court found on balance that the applicant was injured at the site on 15/5/2001 in the course of his employment, that the applicant was employed by the 1st Respondent and both 1st and 2nd Respondents were liable under the Ordinance; the Assessment Board's 2.5% loss of earning capacity was adopted and the applicant's appeal dismissed; final net award HK$26,640 plus interest and costs orders as set out.

Court Disposition

Appeal dismissed; judgment entered for applicant against respondents in amount HK$26,640 plus interest; costs order nisi made as specified.

Orders

  • Judgment for the Applicant against the Respondents in the sum of HK$26,640.00
  • Interest on HK$26,640.00 at half judgment rate from 15/5/2001 to date of delivery of judgment and thereafter at judgment rate until payment