11 Aug 2023
LEUNG SHUI CHEONG v. AU CHUNG YIN JIMMY
- Citation
- [2023] HKCA 963
- Court
- Court of Appeal
- Case number
- CACV391/2022
Section 25(1) governs claims against a third party tortfeasor; the employer’s entitlement to recover 'any sum which he is obliged to pay as a result of the accident' is the compensation as assessed in the Form 5 unless the statutory objection or appeal mechanisms are invoked in time. The master erred in re‑assessing the Form 5 apportionment under section 26; the Form 5 sum (subject to the proviso cap) must be relied upon for deduction and, on the facts, the deduction extinguished the plaintiff's claim so net damages are nil. The appeal is allowed and the master's award is set aside and substi…
- Section 25 employees' compensation ordinance
- Section 26 employees' compensation ordinance
- Form 5 finality and appeals
- Deduction of employees' compensation from common law damages
- Apportionment of sick leave
- Double recovery