Tsui Chi Hung Tony v. Yip Wai Ming t/a Tak Cheong Plastic Materials Factory

DCEC 7/2017

[2020] HKDC 504

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 7 OF 2017

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IN THE MATTER OF AN APPLICATION BETWEEN

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REASONS FOR DECISION

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1.The Applicant took out a Summons dated 1 June 2020, pursuant to which he applied for a corrigendum on my Judgment dated 8 February 2019 (the “Judgment”), to effectively correct the date of the accident from 5 December 2015 to 4 December 2015. At the hearing of the Summons on 30 June 2020, I allowed the application and indicated that I will hand down brief reasons for my decision. This I now do.

2.Although the respondent was absent from the Court at the hearing for the Summons, as the applicant has filed an affirmation confirming that a copy of the Summons and the supporting affirmation has been served on respondent at his last known address on 10 June 2020, I am satisfied that the respondent has been duly served and notified of the present application.

3.The applicant’s case is that there was a genuine mistake laboured by both the applicant and the respondent throughout the proceedings, including the trial that took place before me on 28 December 2018, that the date of the accident was 5 December 2015.  It was not until after the Judgment has been handed down, and the applicant’s further review of the medical records, that the applicant discovered that the date of the accident should be 4 December 2015.

4.I have considered the evidence adduced by the applicant.  In particular, the contemporaneous medical records issued by the Hospital Authority dated 2 February 2017, 21 March 2017, 6 November 2017 and 9 December 2017 state that the injury which is the subject matter of this employees’ compensation application took place on 4 December 2015.

5.RDC Order 20 rule 11 provides that clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on summons without an appeal.  I am satisfied that the date of the accident, stated to be 5 December 2015 in the Judgment, is an error arising from an accidental slip. I therefore allow a corrigendum to be issued to correct the error concerning the date of the accident.

6.The correction does not affect the amount of compensation payable to the applicant as stated in the Judgment.  However, the correction will render the applicant entitled to one more day of pre-judgment interest, from 4 December 2015 to 5 December 2015. The applicant is willing to give an undertaking to the Court not to claim such pre-judgment interest against the respondent.

7.As the applicant will not claim pre-judgment interest from 4 December 2015 to 5 December 2015, there is no need to amend the sealed judgment filed herein on 28 February 2019, in which it is stated that pre-judgment interest shall be accrued from 5 December 2015 to the date of the Judgment.

8.For the above reasons, I made an order in terms of the Summons with the necessary amendments.

Mr Luk King Kwong of Luk King Kwong & Co, assigned by the Director of Legal Aid, for the applicant

The respondent was not represented and did not appear