GO YU LIONG v. BONNTILE INDUSTRIES (H.K.) LTD.

GO YU LIONG v. BONNTILE INDUSTRIES (H.K.) LTD.

The court found China State breached its contractual and statutory obligations to supply and maintain scaffolding and safe access, that this breach caused the plaintiff's injuries, and that liability should be apportioned two-thirds to China State and one-third to Bonntile; Bonntile was within the class insured under the AGF policy and was not disentitled by the policy conditions on the facts; a limited declaratory entitlement to indemnity was granted contingent on China State being held entitled to indemnity by AGF.

Citation
GO YU LIONG v. BONNTILE INDUSTRIES (H.K.) LTD.
Parties
Plaintiff (personal Injury): Go Yu Liong; Sub Contractor / Defendant in PI Action and Plaintiff in Indemnity Action: Bonntile Industries (H.K.) Ltd; Main Contractor / Third Party Defendant: China State Construction Engineering Corporation / China Overseas Building Construction Limited; Insurer / Defendant in Indemnity Action: Assurances Generales de France (H.K.) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2000
Case Number
HCPI114/1997
Procedural Posture
Personal Injury With Third Party Contribution and Insurance Indemnity Declaratory Proceedings / Judgment (court of First Instance)
Outcome
Judgment for Bonntile: contribution awarded against China State; limited declaration against AGF in favour of Bonntile contingent on China State obtaining indemnity from AGF; costs to Bonntile.
Legal Topics
Negligence, Breach of Statutory Duty, Non Delegable Duty of Employers, Insurance Policy Interpretation, Apportionment of Liability, Employee's Compensation
Source Language
EN
Torts Contract Insurance Law Employment and Workplace Safety Statutory Duty Negligence Breach of Statutory Duty Non Delegable Duty of Employers +3 more

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Parties

Go Yu Liong

Plaintiff (personal Injury)

Bonntile Industries (H.K.) Ltd

Sub Contractor / Defendant in PI Action and Plaintiff in Indemnity Action

China State Construction Engineering Corporation / China Overseas Building Construction Limited

Main Contractor / Third Party Defendant

Assurances Generales de France (H.K.) Limited

Insurer / Defendant in Indemnity Action

Procedural Posture

Personal Injury With Third Party Contribution and Insurance Indemnity Declaratory Proceedings / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the main contractor owed and breached contractual and statutory duties to provide scaffolding and safe means of access
  2. 2 Whether the subcontractor (employer) breached its non-delegable duty of care to its employee
  3. 3 Appropriate apportionment of liability between main contractor and subcontractor

Ratio Decidendi

The court found China State breached its contractual and statutory obligations to supply and maintain scaffolding and safe access, that this breach caused the plaintiff's injuries, and that liability should be apportioned two-thirds to China State and one-third to Bonntile; Bonntile was within the class insured under the AGF policy and was not disentitled by the policy conditions on the facts; a limited declaratory entitlement to indemnity was granted contingent on China State being held entitled to indemnity by AGF.

Court Disposition

Judgment for Bonntile: contribution awarded against China State; limited declaration against AGF in favour of Bonntile contingent on China State obtaining indemnity from AGF; costs to Bonntile.

Orders

  • China State to contribute two thirds of the damages and costs paid to the plaintiff and two thirds of Bonntile's costs of the third party proceedings
  • Bonntile liable for one third of damages (apportionment)