4 Jul 2025
Two months' delay was reasonably explained by lack of legal aid and funds and legal aid was later granted; the intended appeal is reasonably arguable because the Judge may have erred in apportioning temporary incapacity contrary to the Court of Final Appeal decision in LKK Trans Ltd v Wong Hoi Chung; therefore extension of time to appeal is granted.
11 Apr 2023
In the absence of any objection to the statutory Certificates of Assessment, the court adopted those certified amounts for sections 9 and 10, allowed the claimed section 10A medical expenses in full, credited the advanced payment of HK$115,650 and awarded the net sum of HK$152,265.99 together with interest and costs.
12 Jan 2022
All three respondents were held liable based on admissions and evidence of employment and subcontracting; the court accepted the applicant's medical and expert evidence (Dr Wong) and assessed permanent loss of earning capacity at 4%; statutory compensation was calculated accordingly and awarded together with medical expenses, interest and costs.
31 May 2021
Court found applicant had exaggerated physical and psychiatric complaints, preferred respondent's experts on extent of permanent impairment, assessed orthopaedic permanent loss at 2% and psychiatric permanent loss at 0%, endorsed six months' sick leave, and calculated compensation accordingly; Board's 4% figure was not binding given s18 appeal and court started afresh on evidence.
4 Mar 2021
With interlocutory judgment on liability entered, the court may order an interim payment under Order 29 r11(1)(b); on the evidence the applicant is likely to recover section 9 compensation of $37,843.20, advance payments were made under s10 and are not deductible from s9, and a reasonable proportion as interim payment is $25,000; costs to applicant ordered nisi to be assessed summarily.
19 Feb 2021
The court upheld the Board's assessment of 0.1% permanent loss of earning capacity. The medical evidence showed only minimal residual signs, satisfactory recovery and little objective impairment; the applicant's pre-accident driving fatigue and the minor nature of current symptoms meant there was no material reduction in earning capacity. Accordingly section 9 compensation was assessed at HKD 1,080, section 10 at HKD 9,600 and section 10A at HKD 4,260 (total HKD 14,940). Interest was ordered at half the judgment rate from 7 April 2016 to the date of judgment and at judgment rate thereafter un…
23 Dec 2020
Applicant's evidence was found incredible and unreliable; he failed to discharge the burden to prove employment and that the injury arose in course of employment and therefore the claim was dismissed. Legally, if liability had been established the court would exercise s.2(2) discretion for lawful work and, once exercised, would assess quantum without regard to the claimant's unlawful status (affecting s.9 and s.10 assessments).
18 Jul 2011
Court accepted applicant's account and found the accident occurred in the course of employment on 30 March 2008; liability established under s5. Court preferred orthopaedic expert Dr Lam's objective, finding minor soft tissue sprain and accepted MAB's 3% permanent loss assessment; dismissed section 18 appeal. Court awarded section 9 compensation of HK$30,456, section 10 periodical payments for 24 months totalling HK$270,720, and section 10A medical expenses HK$6,225, credited prior payments and ordered total judgment sum HK$34,369.10 with interest and costs; declined to extend section 10 paym…
4 May 2010
The court accepted the applicant's evidence and the Board's 7% assessment, applied the statutory formulas and caps in the Employees Compensation Ordinance (using multiplier 96 and the 36-month sick leave cap) and awarded section 9 and section 10 compensation totalling HK$350,938, with interest and costs as ordered.
31 Mar 2008
The judge accepted the applicant's evidence and the Board's certificate of 50% loss of earning capacity, applied s.9 using the monthly income HK$6,500 and multiplier 72 to award HK$234,000, applied s.10 to award HK$26,520 for sick leave, and ordered payment of the total HK$260,520 with interest and costs.