TO WEI KEI v. VICKCORE ENGINEERING LTD. AND ANOTHER

TO WEI KEI v. VICKCORE ENGINEERING LTD. AND ANOTHER

The court found on the balance of probabilities that the deceased was an employee of the 1st defendant and that the 1st defendant owned and provided the welding equipment but failed to provide proper secure storage and maintenance; the 2nd defendant as principal contractor owed a non-delegable high duty to ensure safety in dangerous operations and failed to ensure care was taken; there was no contributory negligence by the deceased, therefore both defendants were liable for negligence and damages were assessed accordingly.

Citation
TO WEI KEI v. VICKCORE ENGINEERING LTD. AND ANOTHER
Parties
Deceased Plaintiff: To Wei Kei; Administrator of Estate (plaintiff): To Siu Keung; Administrator of Estate (plaintiff): Leung Yuk Chun; 1st Defendant (sub Contractor): Vickcore Engineering Limited; 2nd Defendant (principal Contractor): Honest Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2002
Case Number
HCPI290/2000
Procedural Posture
Personal Injuries Action (employer/contractor Liability) / Judgment on Liability and Quantum Following Trial
Outcome
Both 1st and 2nd defendants found liable in negligence; judgment for plaintiff (administrators) on liability and quantum
Legal Topics
Negligence, Duty to Provide Safe Equipment, Principal Contractor Non Delegable Duty for Dangerous Operations, Employment Status (employee V Independent Contractor), Contributory Negligence, Assessment of Damages, Credit for Employees' Compensation
Source Language
EN
Tort Personal Injury Employer's Liability Construction Site Safety Employment Law Statutory Compensation Negligence Duty to Provide Safe Equipment +5 more

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Parties

To Wei Kei

Deceased Plaintiff

To Siu Keung

Administrator of Estate (plaintiff)

Leung Yuk Chun

Administrator of Estate (plaintiff)

Vickcore Engineering Limited

1st Defendant (sub Contractor)

Honest Engineering Limited

2nd Defendant (principal Contractor)

Procedural Posture

Personal Injuries Action (employer/contractor Liability) / Judgment on Liability and Quantum Following Trial

Legal Issues

  1. 1 Whether the deceased was an employee or independent contractor of the 1st defendant
  2. 2 Who provided the welding equipment
  3. 3 Whether the equipment had been used or tampered with by others prior to the accident

Ratio Decidendi

The court found on the balance of probabilities that the deceased was an employee of the 1st defendant and that the 1st defendant owned and provided the welding equipment but failed to provide proper secure storage and maintenance; the 2nd defendant as principal contractor owed a non-delegable high duty to ensure safety in dangerous operations and failed to ensure care was taken; there was no contributory negligence by the deceased, therefore both defendants were liable for negligence and damages were assessed accordingly.

Court Disposition

Both 1st and 2nd defendants found liable in negligence; judgment for plaintiff (administrators) on liability and quantum

Orders

  • 1st and 2nd defendants to pay damages to the plaintiff in the sum of HKD 1,830,290 subject to credit for employees' compensation awarded/paid in ECC No.304 of 1998 and/or under the Employees' Compensation Ordinance
  • Interest on pre-trial losses at half judgment rate from date of accident to date of judgment and thereafter at judgment rate until payment