Read the full judgment text of FAMV 000006/2005 on BabelCite. This FAMV judgment was delivered on 30 May 2005 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ.
Civil procedure – leave to appeal – liquidated claim – Employees' Compensation Ordinance – causation – permanent partial incapacity – multiple causes – apportionment – pre-existing condition – bilateral avascular necrosis – aggravation and acceleration – s.10(5) ECO – s.9 ECO – lump-sum compensation – loss of earning capacity – great general or public importance – leave granted limited to causation and apportionment issues – novus actus not included – assessment of 90% incapacity not included – remittal to District Court if apportionment needed
Legal issues: Nature of ECO claim for leave purposes · Causation under ECO with multiple causes · Apportionment principles for incapacity
Outcome: Leave to appeal granted limited to questions of law on causation and apportionment under the ECO; not granted on novus actus or assessment of 90% incapacity.