Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Offset by employees' compensation

Legal area

Court

5 Jul 2023

NAM YIU KEUNG 對 WONG WAI CHUEN

Citation

[2023] HKCA 825
Court

Court of Appeal
Case number

CAMP300/2022

Fresh evidence application refused because most items were obtainable before trial or already before the court and would not have an important impact on outcome; appellant failed to show reasonable prospects of success or that trial judge's factual findings were plainly wrong; extension of time for leave to appeal denied for lack of reasonable prospect of success; costs awarded to respondent in the sum assessed at HKD 85,000.
18 Dec 2018

CHEUNG CHUNG v. SOFTTRANS SUPPLY CHAIN (HONGKONG) CO LTD

Citation

[2018] HKCFI 2781
Court

Court of First Instance
Case number

HCPI954/2016

The plaintiff's evidence was not credible given material inconsistencies with contemporaneous medical records and surveillance footage; he failed to prove the accident occurred as pleaded; accordingly the claim is dismissed. Alternatively, even if the accident had occurred, there was no breach by the employer in training or warning and the plaintiff would be 25% contributorily negligent; the assessed quantum (PSLA $100,000; pre-trial loss $34,132.40; special $5,000) when reduced for contributory negligence and offset by employees' compensation results in no payable damages.