TONG CHUN HO v. CHAN SIU CHEUNG t/a FLYING EAGLE ENGINEERING CO. AND ANOTHER

TONG CHUN HO v. CHAN SIU CHEUNG t/a FLYING EAGLE ENGINEERING CO. AND ANOTHER

The court found the 1st respondent's evidence of having paid the additional sums not credible and accepted the applicant's evidence that only $23,600 was received; accordingly the unpaid balance of $116,176 was due, with interest from the date of the accident (at half the judgment rate until judgment and thereafter at the judgment rate) and costs to be taxed if not agreed, with a certificate for counsel.

Citation
TONG CHUN HO v. CHAN SIU CHEUNG t/a FLYING EAGLE ENGINEERING CO. AND ANOTHER
Parties
Applicant: Tong Chun Ho; 1st Respondent: Chan Siu Cheung trading as Flying Eagle Engineering Company; 2nd Respondent: Young's Engineering Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 September 2002
Case Number
DCEC867/2001
Procedural Posture
Employees Compensation / Judgment Delivered
Outcome
Judgment for the applicant
Legal Topics
Employees Compensation Ordinance, Liability, Quantum, Evidence and Credibility, Interest, Costs
Source Language
EN
Employment Personal Injury Insurance/compensation Employees Compensation Ordinance Liability Quantum Evidence and Credibility Interest +1 more

Case Brief

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Parties

Tong Chun Ho

Applicant

Chan Siu Cheung trading as Flying Eagle Engineering Company

1st Respondent

Young's Engineering Company Limited

2nd Respondent

Procedural Posture

Employees Compensation / Judgment Delivered

Legal Issues

  1. 1 Whether the 1st respondent had already paid the certified compensation to the applicant
  2. 2 Whether the signed acknowledgement constitutes conclusive proof of payment
  3. 3 Assessment of credibility of witnesses and documentary evidence

Ratio Decidendi

The court found the 1st respondent's evidence of having paid the additional sums not credible and accepted the applicant's evidence that only $23,600 was received; accordingly the unpaid balance of $116,176 was due, with interest from the date of the accident (at half the judgment rate until judgment and thereafter at the judgment rate) and costs to be taxed if not agreed, with a certificate for counsel.

Court Disposition

Judgment for the applicant

Orders

  • 1st respondent to pay the applicant HKD 116,176.00 being the unpaid balance of compensation
  • Interest on HKD 116,176.00 from date of accident until judgment at half the judgment rate and thereafter at the judgment rate until full payment