Hong Kong Case Law

WONG KA CHUN v. SIU WAH TRANSPORTATION LTD

Court

District Court

Case number

DCEC2547/2022

On the totality of evidence the court found applicant was an employee of subcontractor Li (control, pay arrangements, supervision by Li, lack of MPF/tax and payroll linkage with respondent) and respondent was a principal contractor under s24(1); therefore respondent is liable to pay statutory compensation calculated as HKD17,280 (s9) + HKD44,438 (s10) + HKD360 (s10A) = HKD62,078 plus interest and costs.

Source excerpt

• Employment status
• Principal contractor liability (s24)
• Calculation of statutory compensation (ss9,10,10a)
• Medical expenses
• Interest and costs

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FASCO INTERNATIONAL LTD v. FIRECORE TECHNOLOGY LTD

Court

Court of First Instance

Case number

HCA2286/2024

The court granted summary judgment for the plaintiffs in two related contract claims over unpaid goods, rejecting the defendant’s identity and authority defences.

• Identity of contracting party
• Summary judgment (order 14)
• Security for costs
• Payment and non-delivery
• Authority of agents
• Mistake

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黃銘源 對 文城康

Court

District Court

Case number

DCPI2225/2022

Liability having been previously determined, the court assessed quantum on the medical evidence and contemporaneous records: PSLA for the combined knee injuries and resultant mild PTSD is set at $320,000 based on comparison with authorities and facts of the case; proved special damages are $101,899; LEC claim withdrawn; interest and costs awarded to plaintiff.

Source excerpt

• Quantum assessment
• Pain, suffering and loss of amenities (psla)
• Special damages
• Loss of earning capacity
• Interest and costs

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EVERSHINE CLEANING SERVICE COMPANY LTD 對 GCINT WEALTH MANAGEMENT LTD (Formerly known as "UNITED ABLE INTERNATIONAL LTD")

Court

District Court

Case number

DCCJ1930/2022

On the balance of probabilities the court accepted plaintiff's witnesses and contemporaneous evidence that the solicitors' letters were delivered to the intermediary in October 2019, and accepted the insurer's evidence that it only received them on 20 March 2020; the delay was caused by the intermediary/defendant, not the plaintiff; the intermediary had a duty to forward claim documents and to supervise staff; defendant breached that duty and caused the insurer to decline cover, therefore defendant is liable to reimburse the settlements and legal costs awarded.

Source excerpt

• Duty of care of insurance intermediaries
• Late notice/prejudice
• Causation of loss
• Remedies and damages
• Interest and costs

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SECRETARY FOR JUSTICE v. LEUNG HUNG YAT

Court

District Court

Case number

DCCJ2804/2022

The District Court assessed damages in favour of the Secretary for Justice, ordering recovery of HK$497,190.42 paid as employees’ compensation after a police officer was assaulted.

• Recovery of employer's compensation from third party
• Section 25(1)(b) eco
• Full-pay sick leave
• Permanent loss of earning capacity
• Interest and costs
• Employees-compensation

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香浪生 對 王美園

Court

District Court

Case number

DCCJ2842/2023

Court accepted plaintiff's evidence and contemporaneous documents, found defendant failed to prove proprietary estoppel or any beneficial interest in the Lai Wah Court property (license revoked and 27/02/2023 letter admissions decisive); found defendant acted without authority in leasing Fuk Wah Street premises and must account for profits; found HK$950,000 was obtained by undue influence (and supported by admissions in recordings) and must be repaid with interest; awarded costs to plaintiff (interim).

Source excerpt

• Proprietary estoppel
• Undue influence
• Duress
• Accounting for profits
• Unauthorized agency
• Imperfect gift

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LIMBU LAXMI PRASAD v. BACHY SOLETANCHE GROUP LTD AND ANOTHER

Court

District Court

Case number

DCPI2190/2021

Liability was conceded in this personal injuries action, so the court assessed damages only. The plaintiff was found unreliable on key facts and awarded HK$69,827 plus interest and costs.

• Damages assessment
• Credibility and evidence
• Expert evidence debarment
• Loss of earnings
• Interest and costs
• Personal-injury-damages

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BONTEX INTERNATIONAL LTD v. KAISER INVESTMENT (GROUP) LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA1560/2021

租賃糾紛中，法院裁定承租人違約並接納業主終止租約；被告未能證明先前口頭陳述或樓梯屬僭建，另有一宗反申索被撤銷。

• Lease termination
• Repudiatory breach
• Guarantee liability
• Misrepresentation
• Quiet enjoyment
• Unauthorised building works

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TSE KA LAM v. WAN ON TRANSPORTATION COMPANY LTD

Court

Court of First Instance

Case number

HCPI951/2015

The court found the defendant liable for a workplace crane accident, rejected contributory negligence, and awarded the plaintiff HK$1,207,831 plus interest.

• Negligence
• Causation
• Apportionment of liability
• Employees' compensation
• Civil liability (contribution)
• Quantification of damages

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叶敏 對 翁其樂及另一人

Court

District Court

Case number

DCEC167/2023

The court accepted the applicant's evidence and documentary records over the first respondent's inconsistent account and found that the first respondent was the applicant's employer and the second respondent was the main contractor who subcontracted the painting work to the first respondent; both respondents were therefore jointly and severally liable under the Employees' Compensation Ordinance and compensation was assessed and quantified at HK$1,100,364 with specified interest and costs orders.

Source excerpt

• Employer identification
• Subcontracting and vicarious liability
• Assessment of damages
• Credibility and witness evaluation
• Interest and costs

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