YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER

YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER

Court accepted Applicant was employee of 1st Respondent and that 1st Respondent was sub-contractor to 2nd Respondent, held 2nd Respondent liable as principal contractor under Section 24 despite absence of formal Section 24(6) notice because principal had actual knowledge and suffered no prejudice, adopted Applicant's earnings of HK$17,400 per month under Section 11(1), awarded Section 10 compensation of HK$200,912 for 433 days, assessed permanent loss of earning capacity at 30% under Section 9 (having regard to First Schedule and s9(1A)) and awarded HK$375,840, ordered Respondents jointly and severally to pay total HK$576,752 with interest and costs.

Citation
YU WING SUN v. HO WAI LEUNG t/a HIP WO ENGINEERING CO AND ANOTHER
Parties
Applicant: YU WING SUN; 1st Respondent: HO WAI LEUNG trading as HIP WO ENGINEERING CO.; 2nd Respondent: LAU KIN MING trading as LAU & CO.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 June 2007
Case Number
DCEC1242/2005
Procedural Posture
Employees Compensation / Judgment
Outcome
Appeal allowed in favour of Applicant; Respondents held jointly and severally liable
Legal Topics
Workers' Compensation, Employer's Liability, Principal Contractor Liability, Notice Under Section 24(6), Calculation of Monthly Earnings, Assessment of Permanent Partial Incapacity, Temporary Incapacity Compensation, Interest and Costs
Source Language
EN
Employment Law Personal Injury Insurance Law Civil Procedure Workers' Compensation Employer's Liability Principal Contractor Liability Notice Under Section 24(6) +4 more

Case Brief

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Parties

YU WING SUN

Applicant

HO WAI LEUNG trading as HIP WO ENGINEERING CO.

1st Respondent

LAU KIN MING trading as LAU & CO.

2nd Respondent

Procedural Posture

Employees Compensation / Judgment

Legal Issues

  1. 1 Whether Applicant was employee of 1st Respondent at time of accident
  2. 2 Whether 2nd Respondent is liable as principal contractor under Section 24 Cap.282
  3. 3 Whether failure to serve notice under Section 24(6) is fatal to claim against principal contractor

Ratio Decidendi

Court accepted Applicant was employee of 1st Respondent and that 1st Respondent was sub-contractor to 2nd Respondent, held 2nd Respondent liable as principal contractor under Section 24 despite absence of formal Section 24(6) notice because principal had actual knowledge and suffered no prejudice, adopted Applicant's earnings of HK$17,400 per month under Section 11(1), awarded Section 10 compensation of HK$200,912 for 433 days, assessed permanent loss of earning capacity at 30% under Section 9 (having regard to First Schedule and s9(1A)) and awarded HK$375,840, ordered Respondents jointly and severally to pay total HK$576,752 with interest and costs.

Court Disposition

Appeal allowed in favour of Applicant; Respondents held jointly and severally liable

Orders

  • Section 9 compensation HK$375,840 payable by Respondents jointly and severally
  • Section 10 compensation HK$200,912 payable by Respondents jointly and severally