NG NAI PO v. CONCORDE CONSTRUCTION CO LTD AND ANOTHER

NG NAI PO v. CONCORDE CONSTRUCTION CO LTD AND ANOTHER

Prepakt, which installed and maintained an unauthorized temporary overhead electrical supply that became perishable and caused a live bare conductor, bore the greater responsibility; Concorde was aware of the installation but there was no evidence it used or tampered with the supply. Liability was apportioned 75% to...

Source-derived case information.

Citation
NG NAI PO v. CONCORDE CONSTRUCTION CO LTD AND ANOTHER
Parties
Plaintiff (administrator of Estate): NG NAI PO (Administrator of the estate of NG CHI MAN, deceased); 1st Defendant / Plaintiff (in Related Action): CONCORDE CONSTRUCTION CO. LTD.; 2nd Defendant / Defendant (in Related Action): INTRUSION PREPAKT (FAR EAST) LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 1983
Case Number
HCA8028/1981
Procedural Posture
Civil Tort — Negligence, Occupiers' Liability and Indemnity/contribution Under Employees Compensation Ordinance / Trial Judgment on Liability and Apportionment Following Consolidated Actions
Outcome
Judgment entered in favour of Concorde against Prepakt with liability apportioned 25% to Concorde and 75% to Prepakt; costs awarded in the same proportion.
Legal Topics
Apportionment of Liability Between Joint Tortfeasors, Indemnity and Contribution Under Employees Compensation Ordinance S25, Duty to Inspect and Maintain Site Safety, Liability for Unsafe Temporary Electrical Supply
Source Language
en
Tort Occupiers' Liability Employment/workmen's Compensation Negligence Apportionment of Liability Between Joint Tortfeasors Indemnity and Contribution Under Employees Compensation Ordinance S25 Duty to Inspect and Maintain Site Safety Liability for Unsafe Temporary Electrical Supply

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Parties

NG NAI PO (Administrator of the estate of NG CHI MAN, deceased)

Plaintiff (administrator of Estate)

CONCORDE CONSTRUCTION CO. LTD.

1st Defendant / Plaintiff (in Related Action)

INTRUSION PREPAKT (FAR EAST) LTD.

2nd Defendant / Defendant (in Related Action)

Procedural Posture

Civil Tort — Negligence, Occupiers' Liability and Indemnity/contribution Under Employees Compensation Ordinance / Trial Judgment on Liability and Apportionment Following Consolidated Actions

Legal Issues

  1. 1 Whether Prepakt was negligent in installing and maintaining an unsafe temporary overhead electrical supply
  2. 2 Whether Concorde breached a duty by permitting the wires on its site and the extent of its responsibility
  3. 3 Whether Concorde was entitled to indemnity or contribution from Prepakt under s25 of the Employees Compensation Ordinance

Ratio Decidendi

Prepakt, which installed and maintained an unauthorized temporary overhead electrical supply that became perishable and caused a live bare conductor, bore the greater responsibility; Concorde was aware of the installation but there was no evidence it used or tampered with the supply. Liability was apportioned 75% to Prepakt and 25% to Concorde, with costs in the same proportions.

Court Disposition

Judgment entered in favour of Concorde against Prepakt with liability apportioned 25% to Concorde and 75% to Prepakt; costs awarded in the same proportion.

Orders

  • Liability apportioned: Concorde 25% and Intrusion Prepakt (Far East) Ltd 75%.
  • Costs to be paid in the same proportions as liability.