WONG YUEN CHING v. CHU YUK CHU t/a PUPPY TEAM AND ANOTHER

WONG YUEN CHING v. CHU YUK CHU t/a PUPPY TEAM AND ANOTHER

The court found the applicant's evidence of commission income unreliable due to material inconsistencies with prior written declarations and lack of documentary proof and therefore fixed pre-accident monthly earnings at basic salary HK$9,000; accepted expert medical evidence and allowed the appeal on assessment adopting 6.5% permanent loss of earning capacity and 732 days temporary incapacity, leading to statutory compensation calculations under ss 9,10,10A and an aggregate award of HK$237,265 with interest and costs ordered against the respondents.

Citation
WONG YUEN CHING v. CHU YUK CHU t/a PUPPY TEAM AND ANOTHER
Parties
Applicant: Wong Yuen Ching; 1st Respondent: Chu Yuk Chu trading as PUPPY TEAM; 2nd Respondent: Leung Yee Ming
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2015
Case Number
DCEC1695/2012
Procedural Posture
Employees Compensation Claim Under Employees Compensation Ordinance Cap 282 / Assessment of Compensation (assessment Hearing After Liability Judgment in Absence of Respondents)
Outcome
Judgment for applicant; compensation assessed in favour of applicant
Legal Topics
Assessment of Loss of Earning Capacity, Calculation of Statutory Compensation Under Ss 9, 10, 10 a, Evidence and Credibility of Earnings Claims, Interest and Costs Orders
Source Language
EN
Employment Law Personal Injury Workers' Compensation Assessment of Loss of Earning Capacity Calculation of Statutory Compensation Under Ss 9,10,10 a Evidence and Credibility of Earnings Claims Interest and Costs Orders

Case Brief

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Parties

Wong Yuen Ching

Applicant

Chu Yuk Chu trading as PUPPY TEAM

1st Respondent

Leung Yee Ming

2nd Respondent

Procedural Posture

Employees Compensation Claim Under Employees Compensation Ordinance Cap 282 / Assessment of Compensation (assessment Hearing After Liability Judgment in Absence of Respondents)

Legal Issues

  1. 1 Whether commissions formed part of pre-accident earnings
  2. 2 Credibility of applicant's inconsistent statements and lack of documentary proof
  3. 3 Appropriate percentage for permanent loss of earning capacity

Ratio Decidendi

The court found the applicant's evidence of commission income unreliable due to material inconsistencies with prior written declarations and lack of documentary proof and therefore fixed pre-accident monthly earnings at basic salary HK$9,000; accepted expert medical evidence and allowed the appeal on assessment adopting 6.5% permanent loss of earning capacity and 732 days temporary incapacity, leading to statutory compensation calculations under ss 9,10,10A and an aggregate award of HK$237,265 with interest and costs ordered against the respondents.

Court Disposition

Judgment for applicant; compensation assessed in favour of applicant

Orders

  • 1st and 2nd Respondents to pay the applicant HK$237,265 with interest at half judgment rate from the date of the accident to the date of assessment and thereafter at judgment rate until payment in full.
  • Costs of the assessment of compensation with certificate for counsel, including all costs reserved, to be paid by the 1st and 2nd Respondents, to be taxed if not agreed.