8 Apr 2008
TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD
- Citation
- TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD
- Court
- Court of Appeal
- Case number
- CACV208/2007
The Court allowed the appeal, holding that the judge's clear express finding that the plaintiff was fit to return to work by January 2003 could not stand alongside acceptance of prolonged sick leave; the court must determine the proper period of incapacity on all the evidence and is not bound by sick leave certificates; accordingly pre-trial loss of earnings was reduced and the damages award substituted and reduced to reflect the shorter period of incapacity.