熊明泉 對 吳樂雄

熊明泉 對 吳樂雄

On the balance of probabilities the court found the applicant was an employee: respondent exercised control over work allocation and hours, supplied materials and tools, paid the applicant by daily wage evidenced by receipts and WhatsApp records, and acted to process the Form 2; s5(4) applied to treat the accident...

Source-derived case information.

Citation
[2025] HKDC 1683
Parties
Applicant: XIONG MINGQUAN(熊明泉); Respondent: WU LOK HUNG(吳樂雄)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 October 2025
Case Number
DCEC1802/2023
Procedural Posture
Employees' Compensation / Judgment (trial)
Outcome
Applicant's claim allowed. Respondent ordered to pay statutory compensation of HK$148,396 together with interest and costs.
Legal Topics
Employer/employee Status, In Course of Employment Causation, Calculation of Monthly Earnings Under S11, Assessment of Compensation Under S9 S10 S10 a, Evidence and Credibility, Interest and Costs
Source Language
ch
Employment Law Personal Injury Workers' Compensation Insurance Law Civil Procedure Employer/employee Status In Course of Employment Causation Calculation of Monthly Earnings Under S11 +3 more

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Parties

XIONG MINGQUAN(熊明泉)

Applicant

WU LOK HUNG(吳樂雄)

Respondent

Procedural Posture

Employees' Compensation / Judgment (trial)

  1. 1 Whether the applicant was an employee of the respondent or an independent subcontractor
  2. 2 Whether the injury occurred in the course of employment
  3. 3 Proper method to calculate the applicant's monthly earnings under s11 of the Employees' Compensation Ordinance

Ratio Decidendi

On the balance of probabilities the court found the applicant was an employee: respondent exercised control over work allocation and hours, supplied materials and tools, paid the applicant by daily wage evidenced by receipts and WhatsApp records, and acted to process the Form 2; s5(4) applied to treat the accident as in the course of employment; applicant's monthly earnings were calculated from an accepted daily wage of HK$1,600 and average working days to HK$38,400; applying statutory formulas produced awards under s9 (HK$17,088), s10 (HK$130,048) and s10A (HK$1,260) totaling HK$148,396, which respondent was ordered to pay with interest and costs.

Court Disposition

Applicant's claim allowed. Respondent ordered to pay statutory compensation of HK$148,396 together with interest and costs.

Orders

  • Respondent to pay applicant HK$148,396.00
  • Interest on the award from date of accident to judgment at half the judgment rate, thereafter at the judgment rate until full payment