WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER

WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER

Applicant was not employed by the first respondent but was an employee of the second respondent at the time of the accident. The court calculated monthly income at HK$15,854 using combined earnings over the relevant period per s.11(b). Applying the review assessment of 5% permanent loss, s.9 compensation was HK$38,050; s.10 temporary incapacity compensation was HK$90,051 based on 213 certified days of incapacity; s.10A medical expenses awarded HK$1,595. Prior payments of HK$20,700 are deductible, producing a net award of HK$108,996. Interest and costs awarded as set out in the judgment.

Citation
WONG SAN FAT 訴 HYPERCUBE INTERIOR DESIGN LTD AND ANOTHER
Parties
Applicant: WONG SAN FAT; First Respondent: HYPERCUBE INTERIOR DESIGN LIMITED; Second Respondent: SAM HO ENGINEERING CO (operated by Lui Kwong Sum)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 February 2017
Case Number
DCEC2176/2015
Procedural Posture
Employees' Compensation Claim / Judgment After Trial
Outcome
Judgment for applicant against second respondent; claim against first respondent dismissed
Legal Topics
Employment Status (employee V Subcontractor), Compensation Calculation Under Employees' Compensation Ordinance, Credibility of Witnesses, Deduction for Prior Payments, Interest and Costs
Source Language
CH
Employment Law Workers' Compensation Personal Injury Civil Procedure Employment Status (employee V Subcontractor) Compensation Calculation Under Employees' Compensation Ordinance Credibility of Witnesses Deduction for Prior Payments +1 more

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Parties

WONG SAN FAT

Applicant

HYPERCUBE INTERIOR DESIGN LIMITED

First Respondent

SAM HO ENGINEERING CO (operated by Lui Kwong Sum)

Second Respondent

Procedural Posture

Employees' Compensation Claim / Judgment After Trial

Legal Issues

  1. 1 Whether applicant was employee of first respondent
  2. 2 Whether applicant was employee of second respondent
  3. 3 Proper method to calculate applicant's monthly income under s.11

Ratio Decidendi

Applicant was not employed by the first respondent but was an employee of the second respondent at the time of the accident. The court calculated monthly income at HK$15,854 using combined earnings over the relevant period per s.11(b). Applying the review assessment of 5% permanent loss, s.9 compensation was HK$38,050; s.10 temporary incapacity compensation was HK$90,051 based on 213 certified days of incapacity; s.10A medical expenses awarded HK$1,595. Prior payments of HK$20,700 are deductible, producing a net award of HK$108,996. Interest and costs awarded as set out in the judgment.

Court Disposition

Judgment for applicant against second respondent; claim against first respondent dismissed

Orders

  • Second respondent to pay applicant compensation totalling HK$108,996 (breakdown: s.9 HK$38,050; s.10 HK$90,051; s.10A HK$1,595; less prior payments HK$20,700)
  • Interest on successful amount from date of accident to judgment at half the assessed rate, thereafter at the assessed rate until payment