YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO. AND OTHERS

YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO. AND OTHERS

On the balance of probabilities the applicant was directly employed by the 1st respondent because the 1st respondent exercised control, provided premises, tools and instructions and issued a certificate of employment; the applicant's evidence on wage ($650/day) and likely 28 days/month was accepted; awards under sections 9,10 and 10A were calculated accordingly and credit given for periodical payments, resulting in judgment against the 1st, 2nd and 3rd respondents for $533,246.66 and dismissal of the claim against the 4th respondent.

Citation
YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO. AND OTHERS
Parties
Applicant: YU PUN YUEN; 1st Respondent: NG KWOK MAN trading as EAST MOUNTAIN ENGINEERING COMPANY; 2nd Respondent: YIM SHEK CHUNG trading as HANG FAT ENGINEERING COMPANY; 3rd Respondent: JETCO CATERING EQUIPMENT COMPANY LIMITED; 4th Respondent: CROWE INSURANCE GROUP (HONG KONG) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 February 2003
Case Number
DCEC358/2001
Procedural Posture
Employees Compensation / Judgment
Outcome
Judgment for applicant against 1st, 2nd and 3rd respondents in the sum of $533,246.66; claim against 4th respondent dismissed.
Legal Topics
Employer Identification, Wage Computation, Permanent Loss of Earning Capacity, Sick Leave Calculation, Credit for Periodical Payments, Insurance Policy Exclusions for Subcontractors
Source Language
EN
Employment Compensation Insurance Employer Identification Wage Computation Permanent Loss of Earning Capacity Sick Leave Calculation Credit for Periodical Payments +1 more

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Parties

YU PUN YUEN

Applicant

NG KWOK MAN trading as EAST MOUNTAIN ENGINEERING COMPANY

1st Respondent

YIM SHEK CHUNG trading as HANG FAT ENGINEERING COMPANY

2nd Respondent

JETCO CATERING EQUIPMENT COMPANY LIMITED

3rd Respondent

CROWE INSURANCE GROUP (HONG KONG) LIMITED

4th Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant was employed by the 1st respondent or the 2nd respondent
  2. 2 Correct daily wage and number of working days per month for compensation calculations
  3. 3 Whether the 4th respondent insurer is liable given policy exclusion for subcontractor employees

Ratio Decidendi

On the balance of probabilities the applicant was directly employed by the 1st respondent because the 1st respondent exercised control, provided premises, tools and instructions and issued a certificate of employment; the applicant's evidence on wage ($650/day) and likely 28 days/month was accepted; awards under sections 9,10 and 10A were calculated accordingly and credit given for periodical payments, resulting in judgment against the 1st, 2nd and 3rd respondents for $533,246.66 and dismissal of the claim against the 4th respondent.

Court Disposition

Judgment for applicant against 1st, 2nd and 3rd respondents in the sum of $533,246.66; claim against 4th respondent dismissed.

Orders

  • Judgment for the applicant against the 1st, 2nd and 3rd respondents in the sum of $533,246.66
  • Interest at one half of the judgment rate from the date of the accident until payment