MA MAN CHUN and MA MAN KAM, the Administratrices of the Estate of FOCK KAM CHAU, Deceased v. FU KA ENGINEERING & CONSTRUCTION LTD AND OTHERS

MA MAN CHUN and MA MAN KAM, the Administratrices of the Estate of FOCK KAM CHAU, Deceased v. FU KA ENGINEERING & CONSTRUCTION LTD AND OTHERS

The court granted leave to amend because the proposed amendments align the pleadings with the case the plaintiffs actually ran in opening submissions and with existing documentary hearsay evidence already before the court, do not introduce new evidence, and the defendants failed to show irremediable prejudice or that the amendments were clearly untenable; amendments were permitted subject to specific qualifications to avoid unfairness and to constrain scope.

Citation
[2025] HKCFI 5147
Parties
Plaintiffs: MA MAN CHUN and MA MAN KAM (Administratrices of the Estate of FOCK KAM CHAU); 1st Defendant: FU KA ENGINEERING & CONSTRUCTION LIMITED; 2nd Defendant: KUM SHING (K.F.) CONSTRUCTION COMPANY LIMITED; 3rd Defendant: FUGRO (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 October 2025
Case Number
HCPI272/2020
Procedural Posture
Personal Injuries Action (fatal Accidents & Estate Claims) / Pre Trial Application for Leave to Amend Statement of Claim Following Vacated Liability Trial
Outcome
Leave granted to the plaintiffs to amend and file the amended statement of claim with specified modifications; certain proposed particulars allowed, some qualified and one disallowed; service dispensed; defendants and plaintiffs given time to file consequential pleadings; further case management directions ordered;...
Legal Topics
Amendment of Pleadings, Foreseeability, Confined Space Safety, Risk Assessment, Factories and Industrial Undertakings (confined Space) Regulations S5(4), Split Trial on Liability, Effect of Criminal Acquittal on Civil Proceedings, Pleadings Particularity
Source Language
EN
Personal Injury Negligence Occupiers' Liability Statutory Duty / Health and Safety Employers' Liability Civil Procedure Evidence (hearsay) Amendment of Pleadings +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MA MAN CHUN and MA MAN KAM (Administratrices of the Estate of FOCK KAM CHAU)

Plaintiffs

FU KA ENGINEERING & CONSTRUCTION LIMITED

1st Defendant

KUM SHING (K.F.) CONSTRUCTION COMPANY LIMITED

2nd Defendant

FUGRO (HONG KONG) LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action (fatal Accidents & Estate Claims) / Pre Trial Application for Leave to Amend Statement of Claim Following Vacated Liability Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to reflect the case as run in opening submissions
  2. 2 Whether the inflow of foul water and H2S was reasonably foreseeable by the defendants
  3. 3 Whether risk reassessment was required under Regs s5(4) after incidents in June–July 2017

Ratio Decidendi

The court granted leave to amend because the proposed amendments align the pleadings with the case the plaintiffs actually ran in opening submissions and with existing documentary hearsay evidence already before the court, do not introduce new evidence, and the defendants failed to show irremediable prejudice or that the amendments were clearly untenable; amendments were permitted subject to specific qualifications to avoid unfairness and to constrain scope.

Court Disposition

Leave granted to the plaintiffs to amend and file the amended statement of claim with specified modifications; certain proposed particulars allowed, some qualified and one disallowed; service dispensed; defendants and plaintiffs given time to file consequential pleadings; further case management directions ordered;...

Orders

  • Leave granted to the plaintiffs to amend and file within 14 days their amended statement of claim as per the draft annexed to their summons subject to specified modifications
  • The reference to "60mm foul water pipe" in §12A(d) shall be corrected to "600mm"