Hong Kong Case Law: Decisions & Judgments

Topic

Indemnity under employees' compensation ordinance

Legal area

Court

18 May 2009

SECRETARY FOR JUSTICE v. JARABE CLEOFE DOMINGO AND ANOTHER

Citation

SECRETARY FOR JUSTICE v. JARABE CLEOFE DOMINGO AND ANOTHER
Court

District Court
Case number

DCCJ1722/2003

Domingo breached her duty by failing to leash and secure the large dog when it became apparent a motorcycle was approaching; PC Tsang was not negligent on the facts; therefore Domingo was the sole cause of the accident, Mr. Lai is vicariously liable for her negligence, and the Plaintiff is entitled to indemnity under s.25 of the Employees' Compensation Ordinance for the compensation and repair costs claimed.
23 Jan 2007

AZHAR HUSSAIN v. GAN ASSURANCES IARD COMPAGNIE FRANCAISE D’ASSURANCES ET DE REASSURANCES INCENDIE, ACCIDENTS ET RISQUES DIVERS

Citation

AZHAR HUSSAIN v. GAN ASSURANCES IARD COMPAGNIE FRANCAISE D’ASSURANCES ET DE REASSURANCES INCENDIE, ACCIDENTS ET RISQUES DIVERS
Court

District Court
Case number

DCCJ3087/2005

The court held that breach of Claims Settlement Condition A, which is a condition precedent to liability, disentitles the insured and the insurer need not prove prejudice; accordingly the defendant insurer is entitled to judgment against the 1st third party under section 43(3) Employees' Compensation Ordinance to be indemnified for the adjudged sum.
9 Jun 1983

SUN SEA MATTRESSES MANUFACTURING CO LTD v. TANG YIU-WING

Citation

SUN SEA MATTRESSES MANUFACTURING CO LTD v. TANG YIU-WING
Court

Court of First Instance
Case number

HCA4446/1982

On the balance of probabilities the defendant was negligent in operating the lorry (excessive speed, wrong gear, failure to use exhaust brake), there was no contributory negligence by the deceased, plaintiffs established pecuniary loss and dependency entitling them to FAO and LARCO awards calculated as set out, and the employer is entitled to indemnity for statutory compensation paid plus costs and interest under the Employees' Compensation Ordinance s25.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. JARABE CLEOFE DOMINGO AND ANOTHER

AZHAR HUSSAIN v. GAN ASSURANCES IARD COMPAGNIE FRANCAISE D’ASSURANCES ET DE REASSURANCES INCENDIE, ACCIDENTS ET RISQUES DIVERS

SUN SEA MATTRESSES MANUFACTURING CO LTD v. TANG YIU-WING