31 Jan 2018
LO SIU WA v. EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD AND ANOTHER
- Citation
- [2018] HKCFA 3
- Court
- Court of Final Appeal
- Case number
- FACV12/2017
The Policy's Section 5 covered 'any Employee in the insured's immediate employ' engaged in the insured's 'Business' described as 'Interior Design', which encompassed Nuovo's usual activity of executing its designs (including on‑site carpentry); therefore, under s43(1) of the Employees Compensation Ordinance the insurer AXA was liable to pay the employee despite Nuovo's misrepresentations and potential contractual defences, with any recourse against the insolvent employer being a separate remedy under s43(4).