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Hong Kong decisions
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The Court of Appeal granted leave to appeal on whether an absolute possessory title holder qualifies as an owner for Home Purchase Allowance.
The District Court assessed damages for a workplace injury claim, fixing the plaintiff’s wage, sick leave period, custody deductions, and credit for advance payments.
The Court of Appeal held that a court-declared possessory title holder who occupied the flat was an “owner-occupier” under the HPA policy and could be considered for HPA.
The District Court awarded employees’ compensation after finding the applicant was bitten by a dog while serving at work and had not breached any proved no-pets rule.
Assessment of damages in a personal injury action arising from an electric shock and fall at work, with PSLA, lost earnings, earning capacity, special damages, interest and set-off.
The court accepted the Form 9 findings and the applicant's evidence of irregular, limited post-accident receipts; applied the principle that the party seeking reduction bears the evidential burden under s.10(1); rejected the Fund's contention that the applicant was capable of full-time driving work from early 2022; allowed deductions of HKD16,750 (actual receipts) and HKD3,000 (deposit by employer) and computed statutory compensation accordingly, awarding total compensation of HKD1,165,176.20 plus interest and costs.
Source excerpt
Court accepted applicant's account that the accident occurred and found that the work was undertaken for JC Construction (the partnership). The second and third respondents, by representation and conduct, held themselves out as partners; therefore JC Construction was the employer. Applying the multifactor test, the applicant was an employee, not self-employed. The court accepted monthly earnings of HK$17,000, permanent loss of earning capacity at 5%, certified sick leave of 680 days, and medical expense entitlement per Schedule 3 limits. Consequent awards: s9 HK$61,200; s10 HK$308,266.66; s10…
Source excerpt
Court of Appeal held the resumed lots abutted Castle Peak Road, reinstated class A site coverage, found errors on extinguishing access rights, and remitted compensation for reassessment.
The Court of Appeal dismissed an employees’ compensation appeal, holding the appellant was not the respondent’s employee when the accident occurred.
Assessment of compensation under the Employees Compensation Ordinance for a workplace finger amputation. The court awarded HKD13,307 after set-off, plus interest and costs.
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