Hong Kong Case Law: Decisions & Judgments

Topic

Employees' compensation credit

Legal area

Court

22 Oct 2019

CHENG KWING YEUNG v. HONG KONG HAM HOLDINGS LTD

Citation

[2019] HKDC 1386
Court

District Court
Case number

DCPI736/2011

The court refused to apply sanctions under O 22 r 23 because the proper comparison is between the defendant's total offered settlement (HK$672,764.62 as stated in the Notice) and the Judgment Sum (HK$680,633) which favoured the plaintiff, and because the defendant failed to disclose or clarify material information about the EC Sum used for the offer, depriving the plaintiff of the ability to evaluate the offer; accordingly the summons to vary the costs order nisi was dismissed.
16 Apr 2019

LEUNG YIU SHEUNG v. PA LING LOGISTICS CO LTD

Citation

[2019] HKDC 546
Court

District Court
Case number

DCPI2458/2016

The defendant breached its common law and contractual duties by failing to provide and maintain a safe system of work and adequate instructions/supervision, was vicariously liable for the coworker’s negligence, and breached statutory duties under OSHO s6(2); plaintiff entitled to damages totalling HK$680,129.65 after credit for employees' compensation and with ordered interest and costs.
2 Jan 2015

YAU KAM CHING v. CHEUNG SHUN KAU

Citation

YAU KAM CHING v. CHEUNG SHUN KAU
Court

District Court
Case number

DCPI522/2012

The application was dismissed because there was no ambiguity or error in the final judgment to permit amendment, the court lacks jurisdiction to alter the substance of its final judgment in these circumstances, and the plaintiff is bound by the clear concession made by her counsel to give credit for employees' compensation; accordingly the judgment stands and the application to change it is refused.
7 Mar 2014

KWOK KWAN LAM v. LAI PO SING AND ANOTHER

Citation

KWOK KWAN LAM v. LAI PO SING AND ANOTHER
Court

District Court
Case number

DCPI1232/2012

The court accepted the plaintiff's medical evidence and witness evidence, found the injuries healed with mild residual symptoms and maximum medical improvement, and awarded damages as quantified: PSLA HK$280,000; pre-assessment loss of earnings HK$244,588; loss of earning capacity HK$99,450; special damages HK$8,152; less credit for employees' compensation and periodical payments HK$181,419; net total damages HK$450,771. Interest was awarded at 2% p.a. on PSLA and loss of earning capacity from the date of writ and half-judgment rate on pre-assessment and special damages from date of accident.…
18 Oct 2013

ABU BAKKR SHIDDIK v. ELAHI MANZOR & YAVAR ALI formerly t/a MM & CO AUTO PARTS, DISMANTLING AND GENERAL (A FIRM)

Citation

ABU BAKKR SHIDDIK v. ELAHI MANZOR & YAVAR ALI formerly t/a MM & CO AUTO PARTS, DISMANTLING AND GENERAL (A FIRM)
Court

District Court
Case number

DCPI1204/2010

Plaintiff's injuries amount to a Serious Injury; PSLA awarded at HK$580,000. Pre-trial loss of earnings denied because plaintiff was not lawfully employable while on recognizance and therefore lacked the prerequisite for compensation under s10 ECA and the same principle applies at common law. Credit of HK$120,960 for Employees' Compensation payable is deducted, leaving total damages HK$459,040 plus interest and costs as ordered.
5 Jul 2013

HO CHUNG WAI v. LA\'CINE COSMETIC WORKS LTD

Citation

HO CHUNG WAI v. LA\'CINE COSMETIC WORKS LTD
Court

Court of First Instance
Case number

HCPI308/2007

On the evidence of recurrent popliteal cyst, MRI findings and clinical opinion, the court assessed damages: PSLA HK$350,000; pre-trial loss and MPF HK$758,167.99 (allowing one year for job search and adopting a notional monthly salary of HK$7,000); future loss and MPF HK$805,399.94 (multiplier 12.86); loss of earning capacity HK$84,000; special damages HK$134,838; less employees' compensation credit HK$253,829.92; total award HK$1,878,576.01 plus interest as directed; costs to be taxed (order nisi).
23 Jun 2011

WU LEUNG KUI JACKY v. LEUNG MING YUN AND OTHERS

Citation

WU LEUNG KUI JACKY v. LEUNG MING YUN AND OTHERS
Court

District Court
Case number

DCPI1154/2008

Application to vary the Order Nisi was dismissed because, although the Civil Justice Reform permits consideration of partial success and conduct, there was no sound basis to deprive Cable of costs: Cable's contest on assault and causation was reasonable, the disputed issues were central and would have occupied substantial trial time irrespective of Cable's participation, and there was evidence justifying Cable's challenges including expert observations casting doubt on the plaintiff's psychiatric claim.
30 Mar 2010

LAU CHI LAM v. CARITAS-HONG KONG

Citation

LAU CHI LAM v. CARITAS-HONG KONG
Court

District Court
Case number

DCPI41/2009

The court found the 2007 accident materially aggravated an otherwise asymptomatic pre-existing lumbar degeneration producing a mild residual pain; awarded PSLA HK$200,000; allowed past and future loss of earnings and provident fund loss as calculated (multiplier 3 for six remaining years to retirement), miscellaneous special damages and a lump sum HK$30,000 for loss of earning capacity; gave credit of HK$308,048 for employees' compensation and ordered defendant to pay the net sum of HK$413,935.59 with interest and costs.