Leung Pak Ki v. Ng Ting Ming

DCEC000404/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 404 OF 2000

Coram: H H Judge Carlson in Court

Date: 24 April 2001

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J U D G M E N T

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1. This is an application for compensation by the applicant under the Employees' Compensation Ordinance, judgment on liability already having been entered in default of an appearance on 11 October last year. The respondent employer has taken no part in these proceedings since their inception although I am satisfied he has been properly served throughout.

2. The applicant was injured in the course of his employment on 1 December 1998. His case appears in his witness statement which I have marked Exhibit A(1) for the purposes of identification which appears at pages 17 to 27 of the trial bundle and is further substantiated by the production of Exhibits A(2) to A(6) in the trial.

3. I am satisfied that he is entitled to be compensated, firstly under section 9 of the Ordinance in the sum of $26,208, under section 10 $134,992.67, under section 10A $3,540, giving a subtotal of $164,670.67 but credit must be given for payments already made to him in the sum of $42,428. That produces a net figure of $122,242.67 to which interest must be applied at 6.04 per cent for a period of 2 years and 5.8 months, which translates into a total of $18,335.59 and so the award inclusive of interest is $140,587.26. It follows that the applicant must have his costs of the application to be taxed on a party and party basis and there will be Legal Aid Taxation of the applicant's costs.

Representation:

Present: Mr Terence To, of To Lam & Co, for the Applicant

Respondent in person, absent