Hong Kong Case Law: Decisions & Judgments

Topic

Appeal against board assessment

Legal area

Court

27 Nov 2020

LAM KA HO v. EAST FAMOUS LTD t/a GOLDEN HARBOUR SEAFOOD RESTAURANT

Citation

[2020] HKDC 1108
Court

District Court
Case number

DCEC812/2018

The court accepted the uncontested expert evidence that the injury caused a 3% permanent loss of earning capacity, allowed the appeal against the Board's 0.5% assessment, adopted the applicant's accepted calculations for temporary incapacity (43 days) and awarded quantified public medical fees while rejecting unsupported medical estimates; accordingly the Form 9 was varied, Form 6 cancelled, total compensation was assessed and payment ordered with interest and costs nisi.
26 Oct 2010

HUI CHI FAI v. TO KA SENG AND OTHERS

Citation

HUI CHI FAI v. TO KA SENG AND OTHERS
Court

District Court
Case number

DCEC1516/2009

The court held that the Applicant's monthly earnings at the time of the accident were HK$8,800 (HK$400 x 22 days) applying s.11(2) because of the casual nature and short engagement with the 1st Respondent; s.11(4) (apprenticeship deeming) did not apply as there was no contract of apprenticeship; s.9(1A) was not engaged because the Applicant's reduced post-accident earnings resulted from lack of confidence and not special circumstances or physical incapacity; the court replaced the Board's 2.5% assessment with 4% loss of earning capacity and awarded compensation accordingly.
28 May 2007

RAI UMESH v. CARSON ENGINEERING LTD

Citation

RAI UMESH v. CARSON ENGINEERING LTD
Court

District Court
Case number

DCEC28/2006

The court preferred and accepted Dr Lee's medical opinion supported by radiographs that the scaphoid fracture had healed and residual impairment was minimal; medical opinions on earning capacity were disregarded; the court adopted the Board's 3% loss of earning capacity as reasonable in the applicant's circumstances and awarded Section 9 compensation of $28,252.80, dismissed the appeal against the Board, and awarded agreed amounts under Sections 10 and 10A together with interest and costs as ordered.
22 Apr 2003

LAW SIU SEE v. DE RODEO HUMAN RESOURCES LTD

Citation

LAW SIU SEE v. DE RODEO HUMAN RESOURCES LTD
Court

District Court
Case number

DCEC989/2001

The court held that the monthly HK$1,700 payment was a reimbursement for vehicle expenses and not 'earnings' under s3 and should be excluded; pro rata double pay is included; on the evidence the Applicant failed to prove alternative-occupation income sufficiently to invoke s9(1A); however medical evidence and the Applicant's reliable testimony justified departing from the Board's 7% to assess permanent loss of earning capacity at 11%; applying monthly earnings of HK$11,917.00 the court calculated statutory awards under s9 and s10 and credited periodical payments, resulting in judgment for HK$…
20 May 1988

CHAN KAM v. STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD.

Citation

CHAN KAM v. STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD.
Court

Court of Appeal
Case number

CACV36/1988

On the facts the appellant was permanently and totally incapacitated as a result of the injuries; special circumstances under section 9(1A) require applying 100% of the section 7 calculation; statutory minima increases are not retrospective so the applicable minima are those at the date of the accident; accordingly the appeal is allowed and the section 7 calculation of HK$104,680 is substituted for the lower award.

Hong Kong Case Law

LAM KA HO v. EAST FAMOUS LTD t/a GOLDEN HARBOUR SEAFOOD RESTAURANT

HUI CHI FAI v. TO KA SENG AND OTHERS

RAI UMESH v. CARSON ENGINEERING LTD

LAW SIU SEE v. DE RODEO HUMAN RESOURCES LTD

CHAN KAM v. STANDARD CHARTERED BANK HONG KONG TRUSTEE LTD.