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Hong Kong decisions
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The Court of Appeal held that a court-declared possessory title holder who occupied the flat was an “owner-occupier” under the HPA policy and could be considered for HPA.
Form 7 assessment is conclusive establishing injuries and percentages; applicant's monthly income for the accident month is HK$25,500 based on contemporaneous business chat records; because temporary incapacity extended beyond 12 months and no evidence showed the employer adjusted wages or employed similar workers, s11(1A) required a mandatory CPI uplift to HK$26,188.50 for the second year; applying the statutory formulas under ss9,10 and 10A yields the specified awards and after deducting the HK$17,000 prepayment the respondent must pay HK$476,337.72 together with interest and costs.
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The Lands Tribunal fixed interest on land resumption compensation at HSBC prime plus 1%, ordered refund of a small overpayment, and split costs around a sealed offer.
The court accepted the Employees' Compensation Board's finding of 25% permanent loss of earning capacity and applied the statutory formulas under ss.9,10,10A to award HK$360,000 (permanent) + HK$78,000 (temporary) + HK$5,535 (medical) = HK$443,535; the court assessed common law damages for pain, suffering and loss of amenity at HK$400,000, awarded pre-trial income/MPF loss and loss of earning capacity sums, aggregated the damages to HK$657,910, and deducted the statutory employees' compensation of HK$443,535 resulting in a net common law award of HK$214,375, with interest and costs as ordered.
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Applicant's unchallenged evidence of daily pay and working days was accepted; monthly earnings fixed at HKD21,600 and used to calculate statutory awards: s9 award HKD62,208 (48 months x 6%), s10 award HKD178,560 (80% x monthly earnings x 310/30), s10A medical expenses HKD3,591; total award HKD239,359 less HKD5,000 already paid; interest at half statutory rate from date of accident to judgment then at full statutory rate thereafter; respondent liable for costs including counsel's certificate.
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The court held that the solatium formed part of a single compensation offer under the 2001 policy and was not payable after the applicant rejected the offer.
Court of Appeal held that open mid-stream container storage is not “godown” under the grant, and that valuation assumptions and uncertainty must be applied consistently.
The Court of Final Appeal held that PBIL succeeded on the substantive issues and ordered the Director of Lands to pay its costs of the appeal and the Court of Appeal.
The Lands Tribunal held that only parts of Nathan Road and Middle Road were lawfully closed under the Railways Ordinance, but the applicant proved no compensable disturbance or loss of access.
The District Court held both respondents jointly liable for employees’ compensation and funeral expenses after finding the deceased was the second respondent’s employee.
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