胡結生 對 范楚民 t/a 三寶工程公司

胡結生 對 范楚民 t/a 三寶工程公司

The trial judge's findings that the claimant was an employee were supported by the evidence (daily wage structure, lack of profit/loss sharing, respondent's control and provision of materials/tools, payments after injury and contemporaneous Form 2); those findings were not plainly wrong and warranted deference by...

Source-derived case information.

Citation
[2024] HKCA 736
Parties
Applicant: WU KIT SANG (胡結生); Respondent: FAN CHOR MAN trading as SAM PO ENGINEERING CO (范楚民/三寶工程公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 August 2024
Case Number
CACV169/2023
Procedural Posture
Employee Compensation (employees' Compensation Ordinance Cap.282) Appeal / Court of Appeal Determination on Appeal From Regional Court Judgment
Outcome
Appeal dismissed; trial judgment affirmed
Legal Topics
Employment Status, Workers' Compensation Assessment, Factual Findings on Appeal, Costs
Source Language
ch
Employment (workers' Compensation) Personal Injury Civil Appeals Employment Status Workers' Compensation Assessment Factual Findings on Appeal Costs

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Parties

WU KIT SANG (胡結生)

Applicant

FAN CHOR MAN trading as SAM PO ENGINEERING CO (范楚民/三寶工程公司)

Respondent

Procedural Posture

Employee Compensation (employees' Compensation Ordinance Cap.282) Appeal / Court of Appeal Determination on Appeal From Regional Court Judgment

  1. 1 Whether claimant was an employee of respondent
  2. 2 Whether the accident occurred in the course of employment
  3. 3 Proper assessment of compensation under the Employees' Compensation Ordinance

Ratio Decidendi

The trial judge's findings that the claimant was an employee were supported by the evidence (daily wage structure, lack of profit/loss sharing, respondent's control and provision of materials/tools, payments after injury and contemporaneous Form 2); those findings were not plainly wrong and warranted deference by the Court of Appeal. Accordingly the appeal was dismissed and the trial judgment affirmed.

Court Disposition

Appeal dismissed; trial judgment affirmed

Orders

  • Appeal dismissed
  • Original Regional Court judgment [2023] HKDC 547 affirmed