WONG CHI MING JACK v. LAW YING FAI AND ANOTHER

WONG CHI MING JACK v. LAW YING FAI AND ANOTHER

On the balance of probabilities the judge found the applicant to have been an employee of the 1st Respondent based on credible testimony and documentary evidence kept by the applicant and rejected the respondents' evidence as unreliable; respondents were held liable under the Employees Compensation Ordinance and damages were assessed as Section 9 HK$205,920 and Section 10 HK$137,280 totaling HK$343,200 with interest and costs as ordered.

Citation
WONG CHI MING JACK v. LAW YING FAI AND ANOTHER
Parties
Applicant: Wong Chi Ming; 1st Respondent: Lawrence Law; 2nd Respondent: Heng Tat Construction Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 April 2006
Case Number
DCEC48/2004
Procedural Posture
Employees Compensation Claim (personal Injury) / Judgment Delivered 7 April 2006
Outcome
Judgment for Applicant; Respondents liable under the Employees Compensation Ordinance
Legal Topics
Employees Compensation Ordinance, Employer V Subcontractor Status, Liability for Workplace Injury, Assessment of Loss of Earning Capacity, Interest and Costs
Source Language
EN
Employment Law Personal Injury Statutory Compensation Civil Procedure Employees Compensation Ordinance Employer V Subcontractor Status Liability for Workplace Injury Assessment of Loss of Earning Capacity +1 more

Case Brief

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Parties

Wong Chi Ming

Applicant

Lawrence Law

1st Respondent

Heng Tat Construction Company Limited

2nd Respondent

Procedural Posture

Employees Compensation Claim (personal Injury) / Judgment Delivered 7 April 2006

Legal Issues

  1. 1 Whether the applicant was an employee or a subcontractor of the 1st Respondent
  2. 2 Whether the Respondents are liable under the Employees Compensation Ordinance for the 22 June 2002 accident
  3. 3 Proper assessment of quantum including loss of earning capacity and periodical payments

Ratio Decidendi

On the balance of probabilities the judge found the applicant to have been an employee of the 1st Respondent based on credible testimony and documentary evidence kept by the applicant and rejected the respondents' evidence as unreliable; respondents were held liable under the Employees Compensation Ordinance and damages were assessed as Section 9 HK$205,920 and Section 10 HK$137,280 totaling HK$343,200 with interest and costs as ordered.

Court Disposition

Judgment for Applicant; Respondents liable under the Employees Compensation Ordinance

Orders

  • Section 9 compensation awarded HK$205,920
  • Section 10 compensation awarded HK$137,280