XIAO LONG 對 LAM TAK YUEN

XIAO LONG 對 LAM TAK YUEN

The Court dismissed the appeal because the appellant failed to show any material or obvious error in the trial judge's factual findings; the trial judge's acceptance that the applicant was the respondent's employee and that the injury occurred in the course of employment was supported by the evidence and not plainly...

Source-derived case information.

Citation
[2024] HKCA 330
Parties
Applicant: XIAO LONG; Respondent: LAM TAK YUEN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 April 2024
Case Number
CACV325/2022
Procedural Posture
Employees' Compensation Appeal / Appeal to Court of Appeal — Judgment on Factual Findings
Outcome
Appeal dismissed; stay (suspension of execution) application revoked; costs awarded to applicant.
Legal Topics
Employment Relationship, Workplace Accident, Standard of Appellate Review on Findings of Fact, Assessment of Compensation Under Employees' Compensation Ordinance
Source Language
ch
Labour and Employment Personal Injury / Tort Appellate Procedure Employment Relationship Workplace Accident Standard of Appellate Review on Findings of Fact Assessment of Compensation Under Employees' Compensation Ordinance

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Parties

XIAO LONG

Applicant

LAM TAK YUEN

Respondent

Procedural Posture

Employees' Compensation Appeal / Appeal to Court of Appeal — Judgment on Factual Findings

  1. 1 Whether the applicant was the respondent's employee at time of accident
  2. 2 Whether the accident occurred in the course of employment
  3. 3 Whether there were works going on at the site at time of accident

Ratio Decidendi

The Court dismissed the appeal because the appellant failed to show any material or obvious error in the trial judge's factual findings; the trial judge's acceptance that the applicant was the respondent's employee and that the injury occurred in the course of employment was supported by the evidence and not plainly wrong, so the compensation assessment below is upheld.

Court Disposition

Appeal dismissed; stay (suspension of execution) application revoked; costs awarded to applicant.

Orders

  • Appeal dismissed
  • Stay/notice of stay of execution revoked