Gurung Dunga Bahadur v Kam Tai Construction Co Ltd And Another

CourtDistrict Court (Hong Kong)
Judgement NumberDCEC224/2002
Subject MatterEmployee"s Compensation Case
DCEC000224/2002 GURUNG DUNGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER

DCEC 224/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO. 224 OF 2002

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In the matter of an Application between:-

Gurung Dunga Bahadur Applicant
and
Kam Tai Construction Co. Ltd.
錦泰建築工程有限公司
1st Respondent
Hip Hing Construction Company
Limited 協興建築有限公司
2nd Respondent

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Coram : H.H. Judge Chow

Date of hearing : 10th September, 2009

Date of handing down Decision : 12th October, 2009

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DECISION

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1. This is the Respondents’ application to dismiss the proceedings in this case.

Background

2. The Applicant instituted this Application on 19.3.2001 in respect of injuries he suffered due to an accident in which occurred on 17.4.2001, in the course of his employment. At this date he was 42 years old. On 28.4.2003, by consent, judgment on liability was entered for the Applicant against the Respondents, and the assessment of compensation was stayed pending the Applicant’s common law claim in respect of the same accident, with liberty to restore. The common law claim was instituted in the High Court, under HCPI 304/2004.

3. On 27.11.2008, under HCPI 304/2004, Master Levy of the High Court assessed the damages due to the Applicant from the Respondents in the sum of $2,325,607.65. But the Applicant had already received $268,180 by way of interim payments from his employer. So this sum was deducted from the award, and judgment was entered for the sum of $2,057,427.76 ($2,325,607.65 - $268,180). The summary of awards assessed by Master Levy is set out as follows:-

(1) PSLA $340,000.00
(2) Pre-trial loss of earnings $911,000.00
(3) Pre-trial loss of MPF $45,550.00
(4) Pre-trial special damages $8,200.00
(5) Future loss of earnings $747,600.00
(6) Future loss of MPF $37,380.00
(7) Loss of earning capacity Nil
(8) Interest on PSLA $17,000.00
(9) Interest on pre-trial loss $218,877.65
$2,325,607.65
(interim payments) $268,180.00
$2,057,427.65

4. The issue I have to consider is whether the awards under the common law claim have already covered the awards to be made in the Application for employees’ compensation. Under the Application, the Applicant claimed for compensation under sections 9, 10 and 10A of the Employees’ Compensation Ordinance...

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