Hong Kong Case Law

TAM CHOI LING 對 KIDSWORLD INTERNATIONAL LTD

Court

District Court

Case number

DCEC1487/2012

Court accepted Form 7 and expert evidence to hold permanent loss of earning capacity at 4.5%; held temporary incapacity period at 44.5 days; monthly income at time of accident is $13,000 per payroll/contract and s11(a) applies; medical expenses recoverable under s10A(3) limited to treatment up to experts' joint examination date 2013-10-04 amounting to $10,070; deducted prior payments of $23,895.95 (rounded to $23,896) resulting in net compensation payable of $43,721 plus interest; respondent to pay costs as ordered.

Source excerpt

• Workers' compensation
• Permanent loss of earning capacity
• Temporary total incapacity
• Medical expenses
• Interest
• Costs

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PROWELL INTERNATIONAL TRADING LTD v. KAN SHUE REALTY LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA1088/2009

The High Court granted summary judgment for unpaid rent, management charges and rates, rejecting the tenants’ proposed set-off based on a separate water-damage claim.

• Possession
• Rent arrears
• Set-off
• Guarantee
• Summary judgment
• Prevention principle

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LI YUEN YAU v. VIATECH ENGINEERING LTD AND ANOTHER

Court

District Court

Case number

DCEC153/2004

The District Court held that Viatech Engineering Ltd was the employer and Zen Pacific Civil Contractors Ltd the principal contractor for eight deceased crew members, and assessed compensation under Cap. 282.

• Employees compensation ordinance cap.282
• Employer liability
• Principal contractor liability (s.24)
• Fatal accident compensation (s.6)
• Presumption s.5(4)(a)
• Apportionment under schedule 7

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TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Court

District Court

Case number

DCEC243/2004

The District Court held Viatech Engineering Ltd was the employer and Zen Pacific Civil Contractors Ltd the principal contractor, awarding statutory compensation for eight deceased crew members.

• Workers' compensation
• Employer status
• Principal contractor liability
• Fatal accident compensation
• Quantum calculation under statute
• Apportionment among dependants

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TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Court

District Court

Case number

DCEC245/2004

District Court employees’ compensation judgment after a dredger collision killed eight crew members. The court found the employer and principal contractor liable and assessed compensation.

• Employees compensation ordinance cap.282
• Employer status and subcontractor/principal contractor liability
• Fatal accident compensation (s.6)
• Presumption arising out of employment (s.5(4)(a))
• Apportionment under schedule 7
• Interest and costs

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TAM YUEN HOI v. 陳牧成 AND OTHERS

Court

District Court

Case number

DCEC1011/2000

District Court employees’ compensation judgment awarding statutory compensation, interest and costs to an injured worker after adopting prior High Court findings on liability.

• Employee compensation
• Liability of contractors
• Indemnity between parties
• Assessment of quantum under s.9, s.10, s.10a
• Interest on damages
• Costs

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NGO TAI HONG v. JOHN DAVID ANDREW AND ANOTHER

Court

Court of First Instance

Case number

HCA7929/2000

Appeal on whether solicitors had already ceased to act before seeking leave to come off the record under Order 67 rule 6. The appeal was allowed for lack of jurisdiction.

• Order 67 rule 6 interpretation
• Withdrawal of solicitor from record
• Conflict of interest
• Solicitors indemnity fund
• Costs
• Civil-procedure

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TANG HING KWONG AND ANOTHER v. JOHN DAVID ANDREW AND ANOTHER

Court

Court of First Instance

Case number

HCA7927/2000

The court allowed an appeal on a technical point of procedure, holding that a solicitor must first have ceased to act before seeking removal from the record under Order 67 rule 6.

• Order 67 rule 6 (rules of the high court)
• Withdrawal/coming off record by solicitors
• Construction of court rules
• Conflict of interest
• Costs
• Civil-procedure

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