TABASSAM RAHEEM v. CHUN HUNG ENGINEERING LTD AND ANOTHER

TABASSAM RAHEEM v. CHUN HUNG ENGINEERING LTD AND ANOTHER

With interlocutory judgment on liability entered, the court may order an interim payment under Order 29 r11(1)(b); on the evidence the applicant is likely to recover section 9 compensation of $37,843.20, advance payments were made under s10 and are not deductible from s9, and a reasonable proportion as interim payment is $25,000; costs to applicant ordered nisi to be assessed summarily.

Citation
[2021] HKDC 271
Parties
Applicant: Tabassam Raheem; 1st Respondent: Chun Hung Engineering Limited; 2nd Respondent: Yeung Bor Kee Works Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 March 2021
Case Number
DCEC2554/2019
Procedural Posture
Employees Compensation / Application for Interim Payment (paper Disposal)
Outcome
Interim payment granted to applicant in sum of $25,000; costs order nisi in favour of applicant
Legal Topics
Interim Payment, Employees Compensation Ordinance, Section 9 Compensation, Section 10 Compensation, Section 10 a Medical Expenses, Advance Payments, Set Off, Assessment of Damages
Source Language
EN
Employment Law Personal Injury Civil Procedure Interim Payment Employees Compensation Ordinance Section 9 Compensation Section 10 Compensation Section 10 a Medical Expenses +3 more

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Parties

Tabassam Raheem

Applicant

Chun Hung Engineering Limited

1st Respondent

Yeung Bor Kee Works Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Application for Interim Payment (paper Disposal)

Legal Issues

  1. 1 Whether court may order interim payment under Order 29 r 11(1)(b) where interlocutory judgment on liability has been entered
  2. 2 Quantum of compensation likely to be recovered under section 9, section 10 and section 10A
  3. 3 Whether advance payments made can be set off against section 9 compensation

Ratio Decidendi

With interlocutory judgment on liability entered, the court may order an interim payment under Order 29 r11(1)(b); on the evidence the applicant is likely to recover section 9 compensation of $37,843.20, advance payments were made under s10 and are not deductible from s9, and a reasonable proportion as interim payment is $25,000; costs to applicant ordered nisi to be assessed summarily.

Court Disposition

Interim payment granted to applicant in sum of $25,000; costs order nisi in favour of applicant

Orders

  • Respondents shall make interim payment to the applicant in the sum of $25,000.
  • Costs order nisi that the respondents shall bear the costs of the applicant of this application, to be assessed summarily on paper pursuant to Order 62 rule 9A(1)(a) of the RDC.