Hong Kong Case Law: Decisions & Judgments

Topic

Employees' compensation deduction

Legal area

Court

28 Jun 2024

IP SIU CHI v. KWAN WING HANG t/a FAI HUNG CONSTRUCTION COMPANY AND OTHERS

Citation

[2024] HKCFI 1622
Court

Court of First Instance
Case number

HCPI1200/2018

The plaintiff was entitled to commence in the High Court when the writ was issued but should have sought transfer to the District Court after the EC award was made or after discovery and production of documents (whichever was later); accordingly costs are on the High Court scale from the date of the writ to the date of the EC award or discovery/production (whichever is later) and on the District Court scale thereafter.
15 Jan 2024

GURUNG KUL RAJ v. MING TAI CONSTRUCTION ENGINEERING COMPANY LTD AND ANOTHER

Citation

[2024] HKDC 94
Court

District Court
Case number

DCPI1228/2021

The 1st defendant is vicariously liable because its employee released a heavy planking board without sufficient warning or notification in circumstances where warning was required and failure to warn was negligent; the plaintiff was not contributorily negligent because he reasonably expected the established signalling procedure and would not have had time to react to a split‑second unannounced release; the 2nd defendant is not liable because it did not exercise control over the 1st defendant's employee; assessed damages total HK$163,263.01 but are wholly offset by prior EC compensation of HK$…
14 Oct 2016

WONG BIK FAI v. DRAGAGES HONG KONG LTD AND OTHERS

Citation

WONG BIK FAI v. DRAGAGES HONG KONG LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI564/2015

The court awarded the plaintiff damages totalling HK$196,232.09 after assessing PSLA at HK$250,000, pretrial loss of earnings and MPF at HK$331,851.31, special damages at HK$24,000, applying a 10% reduction for contributory negligence and deducting employees' compensation of HK$349,034.09; the court rejected causation of claimed psychiatric injury and found no loss of future earning capacity beyond the sick leave period.
19 Jan 2004

CHIN SIU FONG v. LIK HING ENGINEERING CO LTD AND OTHERS

Citation

CHIN SIU FONG v. LIK HING ENGINEERING CO LTD AND OTHERS
Court

District Court
Case number

DCPI459/2003

The defendants were negligent in permitting work to proceed with an unsafe hoist system and without adequate signalling; the 2nd defendant is liable as the subcontractor for work within its scope; the deceased was contributorily negligent for unloading materials with the platform about one metre above the floor and damages are reduced by 20%.
22 Jan 2002

POON HAU KEI v. HSIN CHONG CONSTRUCTION CO. LTD. AND OTHERS

Citation

POON HAU KEI v. HSIN CHONG CONSTRUCTION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI1333/1998

Court found plaintiff was employed by the 3rd defendant; plaintiff's hospital statement (dated 6 Jan 1996) was accepted over later inconsistent accounts and the plaintiff fell from the fluorescent light trough; all three defendants breached duties (3rd as employer, 2nd as site controller/occupier and 1st as principal contractor under the Regulations); plaintiff was contributorily negligent to the extent of 25%; apportionment of liability among defendants fixed at 3rd defendant 50%, 1st defendant 25% and 2nd defendant 25%; total damages assessed, reduced by contributory negligence and by amoun…
14 Sept 2000

Lui Sheung Lok v. Wah Wah Travel Services Ltd.

Citation

Lui Sheung Lok v. Wah Wah Travel Services Ltd.
Court

Court of First Instance
Case number

HCPI1188/1999

On the evidence the plaintiff sustained 15% burns with permanent scarring and functional impairment of the right arm and hand, is incapable of returning to his former driving employment and has poor future employment prospects; applying comparable authorities the court awards PSLA $500,000, awards past earnings $585,362.60, future earnings $936,000 using a multiplicand of $13,000pm and multiplier 6, allows special and future medical/travel costs, deducts the ECC award of $165,000, and orders interest and costs, producing total damages of $1,897,013.60.

Hong Kong Case Law

IP SIU CHI v. KWAN WING HANG t/a FAI HUNG CONSTRUCTION COMPANY AND OTHERS

GURUNG KUL RAJ v. MING TAI CONSTRUCTION ENGINEERING COMPANY LTD AND ANOTHER

WONG BIK FAI v. DRAGAGES HONG KONG LTD AND OTHERS

CHIN SIU FONG v. LIK HING ENGINEERING CO LTD AND OTHERS

POON HAU KEI v. HSIN CHONG CONSTRUCTION CO. LTD. AND OTHERS

Lui Sheung Lok v. Wah Wah Travel Services Ltd.