Hong Kong Case Law: Decisions & Judgments

Topic

Paper mills formula

Legal area

Court

6 Mar 2024

CHEUNG MAN KIT v. CHIU LOK YAN t/a NEW LUEN LIK ENGINEERING CO AND OTHERS

Citation

[2024] HKDC 330
Court

District Court
Case number

DCEC515/2021

Court assessed LOEC by aggregating disciplines (orthopaedic 2%, psychiatric 12.5%, neurologic 20% = 34.5%) but found special circumstances under s9(1A) and applied the Paper Mills Formula because the Applicant could not resume pre‑injury work and the appropriate alternative job (lavatory cleaner) had a substantially lower wage (HK$10,636) producing a 61.33% earnings loss; Section 9 award: HK$1,619,112. Court exercised discretion under s10(5) to extend periodic payments to 36 months and, lacking comparable employees, applied CPI adjustments under s11(1A)(b) and s11(1B)(b) (+1.7% and +1.9%) to…
20 Jan 2016

YU KWOK FAI v. SING KEE KNITTED BELT PRODUCT LTD

Citation

YU KWOK FAI v. SING KEE KNITTED BELT PRODUCT LTD
Court

District Court
Case number

DCEC164/2012

Applicant was an employee, not a contractor, based on fixed monthly salary, fixed hours, working six days a week, wage deductions and lack of financial risk; the subsequent injuries were caused by residual ACL instability and did not break the chain of causation; Paper Mills Formula was inapplicable because there was no admissible evidence of the appropriate post-injury wage level at the date of accident; adopting the Form 9 LOEC of 18% and awarded statutory compensation and sick pay accordingly.
5 Jun 2015

LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT

Citation

LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT
Court

District Court
Case number

DCEC2005/2012

The court allowed the applicant's section 18 appeal, found a 10% permanent loss of earning capacity from combined orthopaedic and psychiatric injuries, adopted monthly earnings of HK$9,930 and a 72‑month multiplier to calculate the base for permanent total incapacity, awarded statutory sums: HK$71,496 under section 9, HK$96,916.80 under section 10, and HK$12,715 under section 10A, netting a total award of HK$134,903.80 after crediting prior periodical payments; medical expenses incurred outside Hong Kong without certification were disallowed.
20 May 2015

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

Citation

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER
Court

District Court
Case number

DCEC5/2013

On the evidence the relationship bore the indicia of employment (control, exclusivity, provision of truck and payment of expenses), the court applied the Paper Mills Formula to assess permanent partial loss of earning capacity using pre-accident and attainable post-accident wages, awarded compensation under ss.9,10 and 10A, extended sick leave where certified, and exercised its discretion to order the Board to pay costs because it intervened to contest liability and failed.
10 May 2013

TSANG WING TONG v. JOY FAITH ENGINEERING LIMITED

Citation

TSANG WING TONG v. JOY FAITH ENGINEERING LIMITED
Court

District Court
Case number

DCEC1635/2012

Respondent had no arguable defence, the applicant demonstrated financial hardship and ongoing incapacity supported by medical evidence, and the interim payment sought (HK$27,440) did not exceed damages the court considered likely to be recovered; therefore an interim payment was just and should be ordered with interest and costs.
29 Feb 2012

LO YIU LAM v. FAI SHING CONTAINER TRANSPORT CO LTD formerly t/a FREIGHT CONTAINER TRANSPORTATION CO AND ANOTHER

Citation

LO YIU LAM v. FAI SHING CONTAINER TRANSPORT CO LTD formerly t/a FREIGHT CONTAINER TRANSPORTATION CO AND ANOTHER
Court

District Court
Case number

DCEC1592/2010

On the balance of probabilities the applicant was an employee of the 2nd respondent and was injured in the course of that employment; the 1st respondent had ceased business in 2006 and the Driver Wage Receipt was issued without its authorization so the 1st respondent is not liable; compensation under ECO s.9, s.10 and s.10A awarded against the 2nd respondent in specified sums; Paper Mills formula not applied.
26 Oct 2010

HUI CHI FAI v. TO KA SENG AND OTHERS

Citation

HUI CHI FAI v. TO KA SENG AND OTHERS
Court

District Court
Case number

DCEC1516/2009

The court held that the Applicant's monthly earnings at the time of the accident were HK$8,800 (HK$400 x 22 days) applying s.11(2) because of the casual nature and short engagement with the 1st Respondent; s.11(4) (apprenticeship deeming) did not apply as there was no contract of apprenticeship; s.9(1A) was not engaged because the Applicant's reduced post-accident earnings resulted from lack of confidence and not special circumstances or physical incapacity; the court replaced the Board's 2.5% assessment with 4% loss of earning capacity and awarded compensation accordingly.
5 Feb 2010

HA KA HEI v. DéCOR ONE DESIGN & ENGINEERING LTD

Citation

HA KA HEI v. DéCOR ONE DESIGN & ENGINEERING LTD
Court

District Court
Case number

DCEC1456/2008

Court accepted applicant's evidence and medical opinion that he could not resume pre-accident hazardous work and had limited vocational prospects; adopted monthly earnings of HK$13,000 and realistic post-accident earning capacity of HK$5,072, applied section 9(1A) and the Paper Mills formula to award HK$761,088 under section 9, awarded HK$34,666.67 for 100 days sick leave under section 10, credited advances of HK$20,500 and ordered interest at 4% from date of accident to date of judgment.