Hong Kong Case Law: Decisions & Judgments

Topic

Section 18 appeal

Legal area

Court

23 Aug 2024

WONG LAM WEI HOLLY v. HOSPITAL AUTHORITY

Citation

[2024] HKDC 1372
Court

District Court
Case number

DCEC2755/2021

On the balance of probabilities the court accepted that the Applicant suffered a work-related incident on 5 January 2020 when changing bed linen which exacerbated her pre-existing back condition; however, joint medical opinion and objective evidence supported 0% permanent loss of earning capacity and limited the sick leave attributable to the accident to two days, with no compensable medical expenses after 29 April 2020; accordingly liability was established but no net compensation was payable after crediting prior periodic payments and awarding only the small s10 entitlement which was exting…
13 Jul 2023

HUNG SHING KEUNG 對梁潤生 t/a 興旺搬屋公司

Citation

[2023] HKDC 918
Court

District Court
Case number

DCEC2233/2021

On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26 (statistical average) giving monthly income HK$28,600; orthopaedic expert unchallenged assessed permanent loss of earning capacity at 3%; applying statutory formulas yields awards of HK$61,776 (s9), HK$296,677.33 (s10) and HK$1,024 (s10A) less HK$1,000 already paid, total HK$358,477…
12 Oct 2022

LAM MAN WAI AD v. ONTIME CORPORATION LTD

Citation

[2022] HKDC 1090
Court

District Court
Case number

DCEC1671/2018

The court found the Board's 0.5% LOEC assessment appropriate and dismissed the applicant's s18 appeal; the court rejected the applicant's unproven claim of additional undeclared cash salary and fixed pre-accident monthly income at HK$19,000; awards were calculated accordingly (Employees' Compensation net award HK$40,713 after set-off; Personal injury award HK$332,767) with interest and costs ordered in favour of the plaintiff; medical and special expenses as claimed were allowed in specified amounts.
12 Jan 2022

SHAUKET IQBAL v. WAMPUM ENGINEERING CO AND OTHERS

Citation

[2022] HKDC 58
Court

District Court
Case number

DCEC2112/2018

All three respondents were held liable based on admissions and evidence of employment and subcontracting; the court accepted the applicant's medical and expert evidence (Dr Wong) and assessed permanent loss of earning capacity at 4%; statutory compensation was calculated accordingly and awarded together with medical expenses, interest and costs.
7 Jun 2021

WONG WAI MAN v. CONCORD EXPRESS (HONG KONG) LTD

Citation

[2021] HKDC 697
Court

District Court
Case number

DCEC658/2019

The application to vary the costs order nisi was dismissed and the order made absolute because the applicant's unsuccessful section 18 appeal and the reduction in section 10A compensation materially justified the original apportionment of costs (respondent to bear 30%); absent those factors the costs would have been substantially reduced, for example by avoiding expert evidence and contested appeal issues.
5 Jun 2015

LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT

Citation

LEE KAM LIN v. FULL WISE LTD t/a FISHING BAY RESTAURANT
Court

District Court
Case number

DCEC2005/2012

The court allowed the applicant's section 18 appeal, found a 10% permanent loss of earning capacity from combined orthopaedic and psychiatric injuries, adopted monthly earnings of HK$9,930 and a 72‑month multiplier to calculate the base for permanent total incapacity, awarded statutory sums: HK$71,496 under section 9, HK$96,916.80 under section 10, and HK$12,715 under section 10A, netting a total award of HK$134,903.80 after crediting prior periodical payments; medical expenses incurred outside Hong Kong without certification were disallowed.
6 Jan 2012

TSANG CHOI PING v. LI YIN LUN

Citation

TSANG CHOI PING v. LI YIN LUN
Court

District Court
Case number

DCEC447/2011

The court accepted the expert medical evidence that the applicant's hypertrophic scarring materially reduced her ability to perform heavy duties, allowed the section 18 appeal, assessed a 7% permanent loss of earning capacity, and calculated and awarded section 9, section 10 (net) and section 10A compensation accordingly with interest and taxed costs.
8 Sept 2011

LAU YUK KWAN v. PO LIN MONASTERY

Citation

LAU YUK KWAN v. PO LIN MONASTERY
Court

District Court
Case number

DCEC315/2010

The event of the proceedings was the overall award of compensation to the applicant; the section 18 appeal formed part of the issues over permanent incapacity and was not a distinct unnecessary issue; the respondent failed to show exceptional circumstances to displace the general rule that costs follow the event; therefore the summons to deprive the applicant of costs was dismissed and the nisi costs order was made absolute.
18 Jul 2011

LAU YUK KWAN v. PO LIN MONASTERY

Citation

LAU YUK KWAN v. PO LIN MONASTERY
Court

District Court
Case number

DCEC315/2010

Court accepted applicant's account and found the accident occurred in the course of employment on 30 March 2008; liability established under s5. Court preferred orthopaedic expert Dr Lam's objective, finding minor soft tissue sprain and accepted MAB's 3% permanent loss assessment; dismissed section 18 appeal. Court awarded section 9 compensation of HK$30,456, section 10 periodical payments for 24 months totalling HK$270,720, and section 10A medical expenses HK$6,225, credited prior payments and ordered total judgment sum HK$34,369.10 with interest and costs; declined to extend section 10 paym…
18 Nov 2010

SINGH HARPAL v. CHI SUN KONG LUNG LOGISTICS CO LTD

Citation

SINGH HARPAL v. CHI SUN KONG LUNG LOGISTICS CO LTD
Court

District Court
Case number

DCEC1120/2009

The court found Chi Sun was the employer and the accident arose in the course of employment; the court accepted the orthopaedic expert's opinion and, while noting quantitative percentages are formally inadmissible, treated the expert's stated percentage as a fair guide and awarded 4% permanent loss of earning capacity, together with interim incapacity and capped medical expenses, yielding total judgment HK$116,713.83 with interest; the section 18 appeal was allowed to that extent.