TSANG CHI KEUNG v. WONG PAK CHOW AND ANOTHER

TSANG CHI KEUNG v. WONG PAK CHOW AND ANOTHER

On the balance of probabilities the court found that some part of the 1st defendant's forklift brushed the rear of the plaintiff's stationary forklift, causing the precariously positioned outer box to topple; the 1st defendant was negligent in permitting that contact and the 2nd defendant is vicariously liable for that negligence; contributory negligence was not found.

Citation
TSANG CHI KEUNG v. WONG PAK CHOW AND ANOTHER
Parties
2nd Defendant: Hip Hing Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2004
Case Number
HCPI748/2001
Procedural Posture
Personal Injury Negligence / Liability Judgment (split Trial)
Outcome
Judgment for the plaintiff on liability against both defendants
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Credibility and Adverse Inference
Source Language
EN
Tort Personal Injury Employer Liability Workplace Safety Negligence Vicarious Liability Contributory Negligence Credibility and Adverse Inference

Case Brief

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Parties

Hip Hing Construction Company Limited

2nd Defendant

Procedural Posture

Personal Injury Negligence / Liability Judgment (split Trial)

Legal Issues

  1. 1 Whether the 1st defendant's forklift struck or brushed the plaintiff's forklift causing the glass box to topple
  2. 2 Whether the 1st defendant was negligent in operating the forklift in the narrow passage
  3. 3 Whether the 2nd defendant is vicariously liable for the 1st defendant's negligence and whether contributory negligence applies

Ratio Decidendi

On the balance of probabilities the court found that some part of the 1st defendant's forklift brushed the rear of the plaintiff's stationary forklift, causing the precariously positioned outer box to topple; the 1st defendant was negligent in permitting that contact and the 2nd defendant is vicariously liable for that negligence; contributory negligence was not found.

Court Disposition

Judgment for the plaintiff on liability against both defendants

Orders

  • Judgment for plaintiff on liability against both defendants
  • Order nisi that the defendants pay the plaintiff's costs of the action on liability, such costs to be taxed if not agreed