LAM CHI FAT v. LIBERTY INTERNATIONAL INSURANCE

CACV000421A/2002

CACV 421/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 421 OF 2002

(ON APPEAL FROM HCA NO. 3232 OF 2001)

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BETWEEN
LAM CHI FAT Plaintiff
AND
LIBERTY INTERNATIONAL INSURANCE
(formerly known as PROVINCIAL INSURANCE PLC)
Defendant

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Coram: Hon Rogers VP, Le Pichon and Cheung JJA in Court

Date of Hearing: 9 July 2003

Date of Judgment: 9 July 2003

Date of Handing Down Reasons for Judgment: 31 July 2003

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REASONS FOR JUDGMENT

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Hon Rogers VP:

1. On 26 October 1995 the plaintiff obtained judgment for personal injuries against Mr So Kam Sui, the sole proprietor of Foo Yan ConstructionCo., in the amount of $1,499,840 together with interest and costs, on the basis that Mr So was his employer. The plaintiff then broughtthis action against the defendant under section 43(1) of the Employees’ Compensation Ordinance, Cap. 282 claiming the judgment sum he had been awarded against Mr So. The claim in this action was thus a liquidated claim. On 28September 2002 judgment for the plaintiff was entered by Ma J (as he then was) for the sum and the sums of $1,499,840 and $106,115together with interest and costs. By judgment dated 25 March 2003, this court dismissed the defendant’s appeal from that judgment.As the claim in this action had been for a liquidated sum and the parties were in agreement that the claim fell within section 22(1)(a) of the Court of Final Appeal Ordinance, Cap. 484 and they consented to the order being made, leave to appeal to the Court of FinalAppeal was granted.

Hon Le Pichon JA:

2. I agree.

Hon Cheung JA:

3. I agree.

(Anthony Rogers) (Doreen Le Pichon) (Peter Cheung)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr Neal Clough, instructed by Director of Legal Aid, for the Plaintiff/Respondent

Mr Kenny C P Lin, instructed by Messrs Vivien Chan & Co., for the Defendant/Applicant