BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

The deceased was not guilty of contributory negligence. He acted on the spur of the moment when confronted with a life-threatening situation negligently created by the defendants; his split-second attempt to stop the malfunctioning gondola to protect property and reach the emergency stop was not an unreasonable response in the circumstances and did not amount to contributory negligence (and, had contributory negligence been found, apportionment to the deceased would have been minimal).

Citation
BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS
Parties
Plaintiffs (co Administrators of the Estate of Khalid Mehmood, Deceased): Bushra Bibi and Nabela Qoser; 1st Defendant (sub Contractor): Method Building & Engineering Works Limited (in liquidation); 2nd Defendant (principal Contractor): Leighton Contractors (Asia) Limited; 3rd Defendant (supplier/installer and Trainer): Safewell Gondola (HK) Limited; Intervener: Intervener
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2014
Case Number
HCPI301/2012
Procedural Posture
Personal Injuries Action (fatal Accident) / Trial on Contributory Negligence; Interlocutory Judgment Entered on Liability; Reasons for Judgment Delivered
Outcome
Interlocutory judgment entered for plaintiffs against 1st and 2nd defendants; deceased found not guilty of contributory negligence; contribution order against 3rd defendant in favour of 1st and 2nd defendants.
Legal Topics
Contributory Negligence, Duty of Care, Breach of Statutory Duty (interpretation), Apportionment and Contribution Between Defendants, Costs and Interlocutory Judgment
Source Language
EN
Tort Personal Injury Occupational Safety Employer Liability Civil Procedure Contributory Negligence Duty of Care Breach of Statutory Duty (interpretation) +2 more

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Parties

Bushra Bibi and Nabela Qoser

Plaintiffs (co Administrators of the Estate of Khalid Mehmood, Deceased)

Method Building & Engineering Works Limited (in liquidation)

1st Defendant (sub Contractor)

Leighton Contractors (Asia) Limited

2nd Defendant (principal Contractor)

Safewell Gondola (HK) Limited

3rd Defendant (supplier/installer and Trainer)

Intervener

Intervener

Procedural Posture

Personal Injuries Action (fatal Accident) / Trial on Contributory Negligence; Interlocutory Judgment Entered on Liability; Reasons for Judgment Delivered

Legal Issues

  1. 1 Whether the deceased was guilty of contributory negligence
  2. 2 Whether the employers/principal contractors breached their duty of care to the deceased
  3. 3 Whether and to what extent the 3rd defendant should contribute to liability of 1st and 2nd defendants

Ratio Decidendi

The deceased was not guilty of contributory negligence. He acted on the spur of the moment when confronted with a life-threatening situation negligently created by the defendants; his split-second attempt to stop the malfunctioning gondola to protect property and reach the emergency stop was not an unreasonable response in the circumstances and did not amount to contributory negligence (and, had contributory negligence been found, apportionment to the deceased would have been minimal).

Court Disposition

Interlocutory judgment entered for plaintiffs against 1st and 2nd defendants; deceased found not guilty of contributory negligence; contribution order against 3rd defendant in favour of 1st and 2nd defendants.

Orders

  • Interlocutory judgment entered in favour of the plaintiffs against the 1st and 2nd defendants for damages to be assessed or agreed.
  • Costs of the action awarded to the plaintiffs against the 1st and 2nd defendants.