Hong Kong Case Law: Decisions & Judgments

Topic

Compensation calculation

Legal area

Court

4 Nov 2022

MOHAMMAD ARIF KHAN 對 PAULINUS LANDSCAPE CO LTD

Citation

[2022] HKDC 1218
Court

District Court
Case number

DCEC2054/2020

On the balance of probabilities the court accepted the respondent's evidence and rejected the applicant's account because the applicant's oral testimony contradicted his written statements and contemporaneous documents, the applicant denied receiving the business card central to his claim, he failed to produce medical records to corroborate treatment dates, and key defence witnesses could have been called but the respondent's representative evidence was nonetheless found more credible; accordingly the applicant failed to prove an employment relationship and the compensation claim was dismisse…
27 Sept 2022

LI HUA 對 TSANG CHIU FAI ANDREW 及另三人

Citation

[2022] HKDC 1089
Court

District Court
Case number

DCEC358/2021

Where there was no factual dispute and respondents accepted both liability and the quantum, the court entered judgment for the applicant: respondents 1–4 are jointly and severally liable to pay the agreed sum of HKD 320,000 as employees' compensation, together with post-judgment interest until payment in full, and to pay the applicant's legal costs and barrister's fees (with assessment if not agreed); the applicant's own costs are to be assessed under the Legal Aid Regulations.
10 Dec 2021

HO WAI KEUNG 對 BILLION RICH INVESTMENTS LTD

Citation

[2021] HKDC 1477
Court

District Court
Case number

DCEC2007/2017

On the balance of probabilities the court found the overall economic reality and evidential picture pointed to the applicant operating his existing Blue Star business and/or as a partner/independent operator rather than an employee of the respondent at the time of the accident; the cooperation arrangement had effectively ended by the 1 October 2015 documents and the applicant was borrowing respondent's vehicle rather than working under respondent's control, therefore respondent not liable under the Employees' Compensation Ordinance for the 13 December 2015 injury.
30 Apr 2019

何玉華對郭美琪及吳靈枝經營榮記裝飾工程

Citation

[2019] HKDC 584
Court

District Court
Case number

DCEC2706/2016

Claimant was an employee of the respondent and sustained the workplace injury as described; on the accepted facts and medical assessment permanent loss of earning capacity is 2% and 524 days' incapacity are compensable; awards under ss.9,10 and 10A are calculated as set out and respondent must pay interest and costs.
11 Apr 2018

CHUI KWONG CHUEN v. HIN INTERIOR & ASSOCIATE LTD

Citation

[2018] HKDC 377
Court

District Court
Case number

DCEC2237/2016

On the balance of probabilities the applicant was an employee based on indicia of control, provision of tools, regular hours, daily pay and inability to subcontract; the court preferred the applicant's medical expert and assessed a 5% permanent loss of earning capacity; monthly earnings were calculated at $20,400 under s11(1)(a) and statutory compensation, sick pay and medical expenses were awarded accordingly.
7 Mar 2017

SHEK WING CHO v. WONG YIN FUN t/a FLOURISHING CO

Citation

SHEK WING CHO v. WONG YIN FUN t/a FLOURISHING CO
Court

District Court
Case number

DCEC605/2014

On the balance of probabilities the applicant was an employee because the respondent exercised control over work assignments and schedules, provided equipment and entry fees, calculated and paid wages, and the applicant bore no financial risk; the court accepted the applicant's account that the accident occurred during loading and that it arose in the course of employment; the Board's unchallenged assessments of loss of earning capacity and sick leave were applied and statutory formulas under the ECO used to calculate compensation.
25 Oct 2011

CHAN SAI CHIU v. CHING YAN CHEUK T/A EDEN CONNECTIONS DESIGN & ENGINEERING CO.

Citation

CHAN SAI CHIU v. CHING YAN CHEUK T/A<br>EDEN CONNECTIONS DESIGN & ENGINEERING CO.
Court

District Court
Case number

DCEC15/2010

The tribunal found the Applicant's version more probable, concluded an employment relationship existed and the injury occurred in the course of employment, and applied Cap.282 ss.9,10,10A using 26 working days per month to calculate statutory compensation totalling HK$32,162 plus ordered interest and costs as stated.
20 May 2011

KAISILK DEVELOPMENT LTD v. DIRECTOR OF LANDS

Citation

KAISILK DEVELOPMENT LTD v. DIRECTOR OF LANDS
Court

Lands Tribunal
Case number

LDLR1/2005

Applying the residual method with the parties' agreed assumptions and the Tribunal's determinations on comparables adjustments, ground floor unit rate $264,349 psm, first floor unit rate at one-fifth of ground floor ($52,870 psm), discount rate 10.75%, and a 6-month allowance to obtain vacant possession, the open market value of the Subject Property at the date of resumption is determined to be HK$74,451,000.
20 May 2010

LAM KIM FAI v. EXPRESS SECURITY LTD

Citation

LAM KIM FAI v. EXPRESS SECURITY LTD
Court

District Court
Case number

DCEC652/2008

The court found insufficient evidence to prove the accident did not arise out of employment; the respondent's medical postulation of spontaneous SAH causing pre-impact loss of consciousness was speculative and unsustainable on the evidence, so by section 5(4) ECO the accident is deemed to have arisen out of employment and compensation is payable.
9 Jul 2007

HUI SING PAN v. ROSE KNITTING (ASIA) LTD

Citation

HUI SING PAN v. ROSE KNITTING (ASIA) LTD
Court

District Court
Case number

DCEC178/2002

The court accepted the applicant's consistent account and medical records and found the injury occurred on 14 March 2000 in the course of employment; the respondent was therefore liable. The pro rata year‑end double pay was a contractual entitlement (presumption under Cap.57 applied) and was properly included in calculating monthly earnings (HK$12,800 x 13/12 = HK$13,867). Interest was awarded at half the judgment rate from date of accident to judgment except for specified periods of delay (July 2000–Nov 2001 inclusive and Dec 2005–Oct 2006 inclusive). Specific statutory compensation awards w…