LAM CHI FAT v. LIBERTY INTERNATIONAL INSURANCE

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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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 Construction Co., in the amount of $1,499,840 together with interest and costs, on the basis that Mr So was his employer. The plaintiff then brought this 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 28 September 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 $106,115 together 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 Final Appeal was granted.

Hon Le Pichon JA:

2. I agree.

Hon Cheung JA:

3. I agree.