TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

On uncontested evidence and contemporaneous admissions and documents (work permits, payroll, tax returns, Forms 2 and correspondence) the court found Viatech Engineering Ltd was the employer of the eight deceased and Zen Pacific Civil Contractors Ltd was the principal contractor; the accident occurred in the course of employment and thus arose out of employment by statutory presumption; compensation was payable under s.6 calculated from stated monthly earnings and apportioned among dependants under Schedule 7; interest and costs ordered; indemnity claim between respondents to be heard subsequently.

Citation
TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Parties
Applicant (acting for Family of TSO PAK Kuen, Deceased): LI YUEN YAU; Applicant (acting for Family of CHAN SHING Tong, Deceased): LEE CHIU LAN; Applicant (lawful Attorney for Multiple Russian Families of Deceased Crew): TING KAM YUEN; 1st Respondent (alleged Employer/sub Contractor): VIATECH ENGINEERING LIMITED; 2nd Respondent (alleged Principal Contractor): ZEN PACIFIC CIVIL CONTRACTORS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 March 2007
Case Number
DCEC243/2004
Procedural Posture
Employees Compensation (fatal Cases) / Judgment on Liability and Quantum; Indemnity Claim Under S.24(2) Adjourned for Separate Hearing
Outcome
Judgment for Applicants: findings of employer status against 1st Respondent and principal contractor status against 2nd Respondent; compensation awarded as assessed below; indemnity claim between respondents adjourned for separate hearing
Legal Topics
Workers' Compensation, Employer Status, Principal Contractor Liability, Fatal Accident Compensation, Quantum Calculation Under Statute, Apportionment Among Dependants, Interest on Awards, Costs and Taxation, Indemnity Between Contractors
Source Language
EN
Employment Law Maritime Law Personal Injury/death Compensation Insurance/indemnity Workers' Compensation Employer Status Principal Contractor Liability Fatal Accident Compensation +5 more

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Parties

LI YUEN YAU

Applicant (acting for Family of TSO PAK Kuen, Deceased)

LEE CHIU LAN

Applicant (acting for Family of CHAN SHING Tong, Deceased)

TING KAM YUEN

Applicant (lawful Attorney for Multiple Russian Families of Deceased Crew)

VIATECH ENGINEERING LIMITED

1st Respondent (alleged Employer/sub Contractor)

ZEN PACIFIC CIVIL CONTRACTORS LIMITED

2nd Respondent (alleged Principal Contractor)

Procedural Posture

Employees Compensation (fatal Cases) / Judgment on Liability and Quantum; Indemnity Claim Under S.24(2) Adjourned for Separate Hearing

Legal Issues

  1. 1 Whether 1st Respondent was the employer of the deceased crew members
  2. 2 Whether 2nd Respondent was principal contractor liable under s.24 of Cap.282
  3. 3 Whether the accident arose out of and in the course of employment

Ratio Decidendi

On uncontested evidence and contemporaneous admissions and documents (work permits, payroll, tax returns, Forms 2 and correspondence) the court found Viatech Engineering Ltd was the employer of the eight deceased and Zen Pacific Civil Contractors Ltd was the principal contractor; the accident occurred in the course of employment and thus arose out of employment by statutory presumption; compensation was payable under s.6 calculated from stated monthly earnings and apportioned among dependants under Schedule 7; interest and costs ordered; indemnity claim between respondents to be heard subsequently.

Court Disposition

Judgment for Applicants: findings of employer status against 1st Respondent and principal contractor status against 2nd Respondent; compensation awarded as assessed below; indemnity claim between respondents adjourned for separate hearing

Orders

  • Findings: VIATECH ENGINEERING LIMITED is the employer of the eight deceased; ZEN PACIFIC CIVIL CONTRACTORS LIMITED is the principal contractor and liable under s.24 of Cap.282
  • Award DCEC 153/2004 (TSO Pak-kuen): HKD 504000 compensation