Hong Kong Case Law: Decisions & Judgments

Topic

Hong kong paper mills formula

Legal area

Court

26 Nov 2014

CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD

Citation

CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD
Court

District Court
Case number

DCEC1475/2012

Adjourn the assessment hearing for three months and fix a short directions hearing to allow the applicant to obtain independent orthopaedic expert evidence to determine future earning capacity and whether a s.9 claim under the Hong Kong Paper Mills formula can be made; costs of today's adjournment are reserved pending the outcome and may be disallowed if the expert evidence should have been obtained before the hearing due to omissions by legal aid counsel.
3 Nov 2010

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS

Citation

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS
Court

Court of Appeal
Case number

CACV83/2010

Appeal allowed: the judge erred in rejecting the applicant's uncontradicted oral evidence of average earnings without adequate reasons or documentary proof requested by respondents; applicant's average earnings should be found as 20 days/month at $800/day resulting in higher compensation under s10 and s9 (applying Hong Kong Paper Mills formula); interest for the period up to 1 January 2004 should not have been excluded; a Bullock order (not Sanderson) is appropriate between applicant and 1st respondent; applicant entitled to costs against the 2nd, 3rd and 4th respondents; parties to submit ag…
25 Feb 2009

LUI SHUN YEE v. GOLDEN SEA HARBOUR RESTAURANT LTD (in compulsory liquidation)

Citation

LUI SHUN YEE v. GOLDEN SEA HARBOUR RESTAURANT LTD (in compulsory liquidation)
Court

District Court
Case number

DCEC1473/2004

Court accepted that the accident occurred in the course of employment; exercised discretion to admit late supplemental witness statement and statistical documents because they were relevant, did not raise new dimensions and prejudice could be compensated; applied Hong Kong Paper Mills formula using 2004 wage statistics for alternative employment to assess loss of earning capacity at 52.78%; awarded s9, extended s10 payments by 12 months under s10(5), assessed s10A medical expenses on documentary proof, awarded judgment for Applicant with interest and costs; reserved and granted legal aid taxa…
4 Mar 2005

HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER

Citation

HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC201/2003

The court found that the applicant's nationality, low education level, language limitations and inability to return to his pre-accident skilled trade constituted special circumstances under section 9(1A), permitting application of the Hong Kong Paper Mills formula; applying that formula produced the award under section 9 and the appeal was allowed.

Hong Kong Case Law

CHONG CHI KEUNG v. HONG KONG DAZHAN TRADING (CHINA) LTD

CHIU KWOK HUNG BAN v. NG FU WING t/a WING KEE AQUARIUM ENG CO AND OTHERS

LUI SHUN YEE v. GOLDEN SEA HARBOUR RESTAURANT LTD (in compulsory liquidation)

HANG HUU DUC v. HANBO ENGINEERING LTD AND ANOTHER