Choi Yum Man v. Lam Siu Wing

DCEC 1522/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 1522 OF 2008

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Before:    Her Honour Judge Mimmie Chan in Court

Date of Hearing: 8 January 2010

Date of Delivery of Judgment:    8 January 2010

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J U D G M E N T

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1.This is the Applicant’s application for compensation.  Interlocutory judgment was already entered in favour of the Applicant on 28 August 2009 for compensation to be assessed.

2.Today, the trial of the assessment of compensation took place and I was satisfied that the Respondent had been given adequate notice of the commencement of the trial.  Notice of the trial having been advertised in the newspaper pursuant to the order of the court.

3.Having heard the evidence of the Applicant, he claims that for the month before the accident he was earning about $6,000 to $7,000 a month.  It is also his evidence that in the period of 12 months before the accident he was working an average of 20 days a month and receiving an average of $400 a day.  This gives an average of $8,000 a month.

4.The Applicant also said in his evidence that he had not been able to find work for a period of time.

5.On the evidence as adduced and in the absence of any other satisfying evidence, I am only prepared to accept that the Applicant’s monthly earnings at the time of the accident were $8,000.  On this basis, pursuant to Form 7, the compensation payable to the Applicant should be calculated using the figure of $8,000 as the monthly earnings.

6.Accordingly, the compensation payable to the Applicant is as follows.

Section 9:	$23,040.00
Section 10:	7,466.67
Section 10A:	690.00
Total compensation:	$31,196.67

7.The Applicant is entitled to interest at half judgment rate from the date of the accident to the date of assessment and thereafter at judgment rate until payment, and to the costs of the action, to be taxed if not agreed.  The Applicant’s own costs are to be taxed in accordance with the Legal Aid regulations.

Mr Ambrose Ng, of Messrs Ambrose Ng & Co., assigned by the Director of Legal Aid, for the Applicant

Respondent, in person, absent