Li Yuen Yau v. Viatech Engineering Ltd and Another

Case No.DCEC 153/2004

Court

District Court

Date28 Jun 2013

Judge—

Case Document

100%Judiciary

DCEC 153-154 & 241-246/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 153 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

LI YUEN YAU acting for herself

Applicant

and other members of the family, namely,

TSO HON YING and TSO CHING YI, of

TSO PAK KUEN, deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 154 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

LEE CHIU LAN acting for herself

Applicant

and other members of the family, namely,

CHAN LORRAINE, CHAN KING FAI and

CHAN WAI YING, of CHAN SHING TONG,

deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 241 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

IGNATOVA LYUDMILA MIKHALOVNA

acting for herself and other members of the family of

IGNATOV ALEKSANDR GRIGOREVICH,

deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 242 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

MIKHAYLISHINA OLESYA IGOREVNA

acting for herself and other members of the family of

MIKHAYLISHIN ANATOLIY BOGDANOVICH,

deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 243 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

SHERSTYUK IRINA SERGEEVNA

acting for herself and other members of the family of

SHERSTYUK PAVEL YURIVICH, deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 244 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

STEPANOVA VALENTINA KONSTANTINOVNA

acting for herself and other members of the family of

KUZNETSOV YURIY ANATOLEVICH,

deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 245 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

POZDNYAK OLGA LVOVNA

acting for herself and other members of the family of

POZDNYAK NIKOLAY IVANOVICH, deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 246 OF 2004

------------------------

IN THE MATTER OF AN APPLICATION BETWEEN

TING KAM YUEN, the lawful attorney of

Applicant

TROFIMOVA OKSANA VLADIMIROVNA

acting for herself and other members of the family of

TROFIMOV GERMAN EVGENEVICH, deceased

and

VIATECH ENGINEERING LIMITED

1st Respondent

ZEN PACIFIC CIVIL CONTRACTORS

2nd Respondent

LIMITED

------------------------

Before: His Honour Judge Alex Lee in Chambers

Dates of Hearing: 2 May & 6 June 2013

Date of Decision: 28 June 2013

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CORRIGENDA

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Kindly note the following corrections in the Decision of the above cases dated 28 June 2013: -

1. Paragraph 2 be amended to read “The proceedings had a protracted history and it subsequently led to an action in the High Court between 1^st respondent (“R1”) as the plaintiff, the 2^nd respondent (“R2”) as the 2^nd defendant, the Ming An Insurance Co (HK) Ltd (“Ming An”) as the 1^st defendant and the Shipowners’ Mutual Protection and Indemnity Association (Luxembourg) (“the Association”) as the third party.”.

2. Paragraph 15(i), line O, delete “20 April 2003” and substitute “20 April 2004 (wrongly dated 20 April 2003)”.

3. Paragraph 20(g) be amended to read “Given that R2 had also instructed solicitors and counsel to attend the trial of the ECC and to make an application for indemnity under the Ordinance, it is only fair that R1 should also engage solicitors and counsel to attend the ECC in order to protect their interest.”.

Dated the 8^th day of July 2013.