Read the full judgment text of CACV 26/2007 on BabelCite. This Court of Appeal judgment was delivered on 9 April 2008 before Tang VP, Cheung JA, Waung J.
Employees compensation – fatal accident – uninsured employer – Employees Compensation Assistance Fund – liability of Fund – section 16 – inability to recover – amendment of order – costs – The applicant was the widow of a deceased employee who died in a fatal accident. The employer (1st respondent) was uninsured. The 2nd respondent (The Employees Compensation Assistance Fund Board) was joined under section 25A of the Employees Compensation Assistance Ordinance. The Court of Appeal had previously allowed the applicant's appeal and entered judgment against both respondents. The 2nd respondent moved to amend the order, arguing that its liability under section 16 of the Ordinance had not been determined, as the applicant had not shown inability to recover from the employer. The court agreed, holding that no payment order should be made against the 2nd respondent until the conditions of section 16 were satisfied. The order was amended accordingly, and there was no order as to costs of the motion.
Legal issues: Liability of Employees Compensation Assistance Fund under s.16
Outcome: Motion granted; order amended to direct payment against the 1st respondent only.
Cited by 3 cases