Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set-off for employee's compensation

Legal area

Court

24 Oct 2024

CHAN SAU CHEUNG v. CHI WO CONTRACTORS LTD AND ANOTHER

Citation

[2024] HKDC 1788
Court

District Court
Case number

DCPI3003/2020

Contemporaneous accident reports and medical records materially contradicted the Plaintiff's later account; judge preferred the contemporaneous reports that the Plaintiff slipped while failing to grasp a board; even if some safety equipment were absent, there was no causal link between any alleged statutory or common law breach and the injury; objective medical and surveillance evidence showed exaggeration/malingering of symptoms; accordingly Defendants not liable and Plaintiff's claims dismissed with costs; employee's compensation exceeded any hypothetical award.
24 Jun 2004

LEE TSZ KIN KEN v. CLIMAX PAPER CONVERTERS LTD

Citation

LEE TSZ KIN KEN v. CLIMAX PAPER CONVERTERS LTD
Court

Court of First Instance
Case number

HCPI504/2003

The defendant breached its duty by failing to instruct the plaintiff that the vacuum's dump‑valve lever was to be operated by foot; the breach caused the accident; there was no contributory negligence by the plaintiff; the plaintiff's claimed residual disability was greatly exaggerated and surveillance and medical evidence established minimal residual disability; damages were assessed accordingly and reduced by the amount recovered under employee's compensation, leaving net judgment for the plaintiff.