Hong Kong Case Law: Decisions & Judgments

Topic

Set-off of employees' compensation

Legal area

Court

1 Mar 2021

LEUNG CHI KIN v. HUNG KA FAI t/a SIGN SQUARE

Citation

[2021] HKDC 160
Court

District Court
Case number

DCPI2309/2017

The court accepted the Plaintiff's unchallenged testimony and Dr Lau's expert report, found the Defendant liable for the workplace injury, and assessed damages on the basis of the medical evidence and factual timeline. PSLA awarded at HK$150,000; pre-trial loss of earnings allowed and calculated to HK$256,851.51 up to June 2017; loss of earning capacity HK$50,000; MPF loss HK$12,842.58; special damages HK$3,330; credit for employees' compensation HK$107,275; net judgment HK$365,749.09; interest and costs ordered as specified.
30 Aug 2018

YEUNG TSZ MAN v. EVERBEST PORT SERVICES LTD (in Liquidation)

Citation

[2018] HKDC 1054
Court

District Court
Case number

DCPI1607/2016

Plaintiff proved on balance that the accident caused the left ring finger injury; damages were assessed by reference to medical and rehabilitation records and comparable case authorities; awards were made for PSLA, pre-trial earnings and MPF, loss of earning capacity and special damages, with deduction of employees' compensation received; interest and costs were ordered accordingly.
9 Mar 2018

RAI SHIVA KRISHNA v. WOO LOONG SCAFFOLDING WORKS CO LTD

Citation

[2018] HKCFI 488
Court

Court of First Instance
Case number

HCPI556/2015

Liability admitted; on the evidence the court preferred the defendant's expert (Dr Tio) and found no significant re‑tear and that the plaintiff had largely recovered by 4 April 2014; the plaintiff's evidence was unreliable and exaggerated; therefore damages were assessed at specified heads (PSLA HK$360,000; pre‑trial loss HK$179,208.31; loss of earning capacity HK$95,171.70; special damages HK$13,345) but the total award was offset by employees' compensation credit resulting in no net payable award and no interest.
14 Jun 2017

MOHAMMAD SALEEM v. LAU WAI LEUNG t/a LEUNG KEE CO AND OTHERS

Citation

MOHAMMAD SALEEM v. LAU WAI LEUNG t/a LEUNG KEE CO AND OTHERS
Court

Court of First Instance
Case number

HCPI914/2011

The 2nd defendant, as occupier and owner of the warehouse, breached its duty to a lawful visitor by failing to adopt suitable storage and retrieval methods for heavy rolls, and prior findings in employees' compensation proceedings created an issue estoppel establishing essential facts; accordingly judgment for liability is entered against the 2nd defendant and damages quantified and reduced by employees' compensation paid.
24 Oct 2016

CHONG CHI CHING v. SECRETARY FOR JUSTICE (for and on behalf of the Government of the HKSAR) AND ANOTHER

Citation

CHONG CHI CHING v. SECRETARY FOR JUSTICE (for and on behalf of the Government of the HKSAR) AND ANOTHER
Court

District Court
Case number

DCPI2733/2012

On the balance of probabilities the court accepted the plaintiff's evidence that the toilet floor was wet and she slipped while carrying a ladle of water; the 2nd defendant failed to prove it had engaged a competent cleaning contractor or maintained an effective inspection system and thus breached its duty as occupier; the plaintiff was contributorily negligent to the extent of 20% for not taking more care after noticing the wet floor; damages were assessed on that basis and reduced by the agreed set-off from the employees' compensation settlement, resulting in a net award of HK$179,993 in fa…
3 Oct 2016

CHAN CHEUK PUI v. MAN CHUN PONG t/a WUIYING (C&H) CONSTRUCTION CO AND OTHERS

Citation

CHAN CHEUK PUI v. MAN CHUN PONG t/a WUIYING (C&H) CONSTRUCTION CO AND OTHERS
Court

Court of First Instance
Case number

HCPI718/2012

Master awarded PSLA at HK$350,000 for persistent traumatic radial nerve palsy with partial permanent disability, used general workers wage indices rather than carpenter(formwork) indices to uprate earnings, applied the Chan Table multiplier (5.70) for future loss, allowed specified amounts for loss of earning capacity and special damages, deducted agreed Employees' Compensation, and awarded interest and costs as stated.
18 Feb 2015

CAI GUOPING v. YIM HOK WING AND OTHERS

Citation

CAI GUOPING v. YIM HOK WING AND OTHERS
Court

Court of First Instance
Case number

HCPI494/2013

The court found defendants jointly and severally liable for negligence, breaches of Regulation 38(1)(b) and 38(1)(5) and occupiers' duty because panels were transported in pairs in a confined hoist and a safe system was not ensured; plaintiff was 50% contributor to the accident for failing to follow the taught method; damages were assessed (PSLA HK$250,000; pre‑trial loss HK$132,349; special and dental allowances) but after 50% reduction and set‑off of employees' compensation of HK$333,300 the compensation exceeded the claimant's entitlement resulting in no payable damages; order nisi that th…
12 Aug 2014

WONG CHIM HING v. DISCOVERY BAY TRANSIT SERVICES LTD

Citation

WONG CHIM HING v. DISCOVERY BAY TRANSIT SERVICES LTD
Court

Court of First Instance
Case number

HCPI254/2011

Master held that on an objective assessment at the date of the writ the joint expert reports and surveillance evidence objectively undermined the plaintiff's claim to recover over HK$1,000,000; therefore there was no reasonable prospect of a High Court‑level award and costs must be taxed at District Court scale.
21 Jun 2013

TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER

Citation

TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI149/2011

Plaintiff failed to prove overtime; medical and surveillance evidence establish MMI by Nov/Dec 2008; reasonable sick leave period ends 5 March 2009; plaintiff cannot return to pre-accident construction general work but can seek alternative lower-paid jobs; multiplicand derived as $7,600 - $6,871 = $729; assessed damages total $502,432.08, but after crediting employees' compensation of $637,510.67 there is effectively no net recovery; costs ordered against plaintiff.
21 May 1999

LEE LAP PANG v. YUEN TAT WAH t/a CHONG HING MOTOR CO AND ANOTHER

Citation

LEE LAP PANG v. YUEN TAT WAH t/a CHONG HING MOTOR CO AND ANOTHER
Court

Court of First Instance
Case number

HCPI1111/1997

The 1st Defendant, although occupier of the structure, did not exercise the requisite control or supervision to impose an employer-like duty and the occupier's duty was minimal because the danger was obvious and willingly accepted by the Plaintiff; accordingly the claim against the 1st Defendant was dismissed. The 3rd Defendant was liable as employer (precluded from denying it) and the Plaintiff was not contributorily negligent; damages were assessed and reduced by the prior employees' compensation award.