Lau Tuen Ping v. Law Wai Kwong t/a Sun Chiu Kong (Sheung Shui) Construction Material

DCEC000732/1999

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES COMPENSATION CASE NO. 732 OF 1999

Coram: H H Judge Carlson in Court

Date of hearing: 18 July 2001

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J U D G M E N T

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1.This is an Application for employees' compensation brought under sections 9, 10 and 10A of the Employees' Compensation Ordinance.

2.The Applicant was injured in the course of his employment with the respondent on 21 November 1998. He was employed as a skilled construction worker employed to carry out the demolition of a brick wall. In the course of carrying out that work the wall collapsed causing serious injury to his left femur, right foot and knee, and his left collar bone. The nature of those injuries are set out in paragraph 4 of the particulars to the application which is dated 7 September 1999, and of course the injuries are more particularly and more fully reported on in the medical reports.

3.The respondent has taken no part in these proceedings although I am satisfied that he was made aware of the Application.

4.Judgment in default of an Answer was entered on 18 February last year by Judge Yung and the matter is now before me to assess the compensation that is to be paid to the Applicant. His case is very well set out in the trial bundle which contains all the relevant papers and particularly two affirmations dated 5 January last year and 1 February last year which have exhibited all the papers which are required in this sort of matter.

5.I also have before me a very helpful summary prepared by the Applicant's solicitor, Mr Hui, which calculates what is due to him based on the evidence in the bundle and I am satisfied, therefore, that on the claim for partial/permanent incapacity the claim falls to be assessed at $238,680; that is under section 9. Under section 10 the appropriate award is $88,880 - that is set out and arrived at having taken into account the periodical payments which should be due to him. Then there is a small claim for medical expenses in the sum of $4,129. To that one should add interest of $48,028.57 being at half the judgment rate over a period of 32 months giving a total of $48,028.57.

6.When one adds up those three parts of the claim and applies interest, that produces a total of $379,717.57. That is the award and he must also have interest on that at the judgment rate from today until payment, and there will also be an order for costs of the Application to be paid by the

Respondent. There will be Legal Aid taxation of the Applicant's costs.

Representation:

Present: Mr Patrick Hui, of Messrs Ng & Lam, for the Applicant

Respondent absent and not represented