LAU TIM SHUN v. CITY ENGINEERING LTD AND ANOTHER

LAU TIM SHUN v. CITY ENGINEERING LTD AND ANOTHER

Judge preferred the evidence of the defendant's credible witness and contemporaneous statements and medical records over the plaintiff's testimony, concluded the plaintiff did not prove the two accidents occurred as alleged on 17 April 2003, and therefore dismissed the claim for negligence and damages; costs ordered against plaintiff.

Citation
LAU TIM SHUN v. CITY ENGINEERING LTD AND ANOTHER
Parties
2nd Defendant: SHUI ON BUILDING CONTRACTORS LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2009
Case Number
HCPI198/2008
Procedural Posture
Personal Injury Workplace Accident (negligence) / Judgment at Trial (court of First Instance)
Outcome
Plaintiff's claim dismissed for failure to establish liability
Legal Topics
Negligence, Quantum of Damages, Credibility and Witness Assessment, Pre Existing Conditions in Damages Assessment, Loss of Earnings, Costs and Interest
Source Language
EN
Tort Personal Injury Employment/occupational Safety Negligence Quantum of Damages Credibility and Witness Assessment Pre Existing Conditions in Damages Assessment Loss of Earnings +1 more

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Parties

SHUI ON BUILDING CONTRACTORS LTD.

2nd Defendant

Procedural Posture

Personal Injury Workplace Accident (negligence) / Judgment at Trial (court of First Instance)

Legal Issues

  1. 1 Whether the two accidents on 17 April 2003 occurred as alleged by the plaintiff
  2. 2 Whether defendants are liable for the plaintiff's claimed injuries
  3. 3 Credibility of plaintiff versus defendant witness evidence and contemporaneous medical records

Ratio Decidendi

Judge preferred the evidence of the defendant's credible witness and contemporaneous statements and medical records over the plaintiff's testimony, concluded the plaintiff did not prove the two accidents occurred as alleged on 17 April 2003, and therefore dismissed the claim for negligence and damages; costs ordered against plaintiff.

Court Disposition

Plaintiff's claim dismissed for failure to establish liability

Orders

  • Claim dismissed
  • Order nisi that the plaintiff do pay the defendants their costs of the action