GAMMON CONSTRUCTION LTD. v. WONG YAT CHIU AND ANOTHER

GAMMON CONSTRUCTION LTD. v. WONG YAT CHIU AND ANOTHER

The court held the accident was caused by the improper method of rigging (canvas-to-canvas abrasion and side pull) executed by Gammon site personnel; Gammon and KSF breached duties of care and statutory inspection obligations and are vicariously liable; Fei Kow breached a non-delegable duty to provide a safe system...

Source-derived case information.

Citation
GAMMON CONSTRUCTION LTD. v. WONG YAT CHIU AND ANOTHER
Parties
Plaintiff (pi 1289/97); 1st Defendant (hca 7939/97): Wong Yat Chiu; 1st Defendant (pi 1289/97); 2nd Defendant (hca 7939/97): Chan Kwok Wa & Chan Kwok Wan t/a Fei Kow Transportation Company; 2nd Defendant (pi 1289/97); Plaintiff (hca 7939/97): Gammon Construction Limited; 3rd Defendant (pi 1289/97): Kier Hong Kong Limited and Sung Foo Kee (Civil) Limited t/a Kier-Sun Fook Kong Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 1999
Case Number
HCA7939/1997
Procedural Posture
Joint Trial of Two Actions: Personal Injury Claim (pi 1289/97) and Indemnity/contract Claim (hca 7939/97) / Trial on Liability Only; Judgment Delivered 16 July 1999
Outcome
PI 1289/97: Judgment for plaintiff Wong on liability against Gammon, KSF and Fei Kow; apportionment: Gammon and KSF bear all culpability (split equally between them). HCA 7939/97: Gammon's claims for indemnity against Wong and Fei Kow dismissed on the findings and contractual limits; judgment for the defendants in...
Legal Topics
Negligence, Breach of Statutory Duty (lifting Appliances and Lifting Gear Regulations), Indemnity Under Employees Compensation Ordinance S25, Contractual Indemnity Clauses (interpretation and Scope), Apportionment of Liability, Contributory Negligence and Vicarious Liability
Source Language
en
Tort Negligence Employers' Liability and Personal Injury Contract Law Indemnity and Construction Statutory Interpretation of Compensation and Safety Regulations Civil Procedure Contribution/indemnity Negligence Breach of Statutory Duty (lifting Appliances and Lifting Gear Regulations) Indemnity Under Employees Compensation Ordinance S25 +3 more

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Parties

Wong Yat Chiu

Plaintiff (pi 1289/97); 1st Defendant (hca 7939/97)

Chan Kwok Wa & Chan Kwok Wan t/a Fei Kow Transportation Company

1st Defendant (pi 1289/97); 2nd Defendant (hca 7939/97)

Gammon Construction Limited

2nd Defendant (pi 1289/97); Plaintiff (hca 7939/97)

Kier Hong Kong Limited and Sung Foo Kee (Civil) Limited t/a Kier-Sun Fook Kong Joint Venture

3rd Defendant (pi 1289/97)

Procedural Posture

Joint Trial of Two Actions: Personal Injury Claim (pi 1289/97) and Indemnity/contract Claim (hca 7939/97) / Trial on Liability Only; Judgment Delivered 16 July 1999

Legal Issues

  1. 1 Whether canvas slings or the method of rigging caused the accident
  2. 2 Negligence and statutory breaches by Gammon, KSF and Fei Kow toward Wong and site workers
  3. 3 Whether Wong was contributorily negligent

Ratio Decidendi

The court held the accident was caused by the improper method of rigging (canvas-to-canvas abrasion and side pull) executed by Gammon site personnel; Gammon and KSF breached duties of care and statutory inspection obligations and are vicariously liable; Fei Kow breached a non-delegable duty to provide a safe system for its employee but, as between defendants, practical control and culpability rested with Gammon and KSF so apportionment assigned blame to them (100% split equally). Gammon could not recover under s25 from third parties where it was itself the sole tortious cause in the relevant respects and contractual indemnities failed either because the condition precedent did not exist...

Court Disposition

PI 1289/97: Judgment for plaintiff Wong on liability against Gammon, KSF and Fei Kow; apportionment: Gammon and KSF bear all culpability (split equally between them). HCA 7939/97: Gammon's claims for indemnity against Wong and Fei Kow dismissed on the findings and contractual limits; judgment for the defendants in...

Orders

  • Apportionment: 100% of blame allocated equally to Gammon Construction Limited and KIER-SUN FOOK Joint Venture as between the defendants in PI 1289/97
  • Costs PI 1289/97: costs nisi to the plaintiff as against the defendants to be taxed at the Legal Aid rate if not agreed