BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

The court interpreted its earlier order as requiring the 3rd defendant to pay 33.5% of the gross damages assessed or agreed before deduction of employees' compensation. This construction best effectuates the purpose of contribution proceedings under s4(1) of the Civil Liability (Contribution) Ordinance by apportioning the full value of the plaintiffs' claim according to each tortfeasor's responsibility and avoiding a windfall to a tortfeasor who did not pay employees' compensation.

Citation
BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS
Parties
Plaintiff: Bushra Bibi; Plaintiff: Nabela Qoser; 1st Defendant: Method Building & Engineering Works Limited (in liquidation); 2nd Defendant: Leighton Contractors (Asia) Limited; 3rd Defendant: Safewell Gondola (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2014
Case Number
HCPI301/2012
Procedural Posture
Personal Injuries Action (contribution Proceedings) / Post Trial Clarification of Contribution Order
Outcome
Application granted: court clarified that the contribution of 33.5% relates to gross damages before deduction of employees' compensation.
Legal Topics
Contributory Negligence, Contribution Under Civil Liability (contribution) Ordinance, Employees' Compensation Ordinance Interaction With Common Law Damages, Interpretation of Court Orders, Costs
Source Language
EN
Tort Civil Procedure Employment/employees Compensation Remedies/contribution Contributory Negligence Contribution Under Civil Liability (contribution) Ordinance Employees' Compensation Ordinance Interaction With Common Law Damages Interpretation of Court Orders +1 more

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Parties

Bushra Bibi

Plaintiff

Nabela Qoser

Plaintiff

Method Building & Engineering Works Limited (in liquidation)

1st Defendant

Leighton Contractors (Asia) Limited

2nd Defendant

Safewell Gondola (HK) Limited

3rd Defendant

Procedural Posture

Personal Injuries Action (contribution Proceedings) / Post Trial Clarification of Contribution Order

Legal Issues

  1. 1 Whether a contribution order for a percentage of 'damages' applies to gross damages before deduction of employees' compensation or to net damages after deduction
  2. 2 Whether the court was functus officio and therefore unable to clarify its earlier order
  3. 3 Whether employer/principal contractor who paid employees' compensation can claim contribution for that sum from a third party tortfeasor

Ratio Decidendi

The court interpreted its earlier order as requiring the 3rd defendant to pay 33.5% of the gross damages assessed or agreed before deduction of employees' compensation. This construction best effectuates the purpose of contribution proceedings under s4(1) of the Civil Liability (Contribution) Ordinance by apportioning the full value of the plaintiffs' claim according to each tortfeasor's responsibility and avoiding a windfall to a tortfeasor who did not pay employees' compensation.

Court Disposition

Application granted: court clarified that the contribution of 33.5% relates to gross damages before deduction of employees' compensation.

Orders

  • Clarified that the 3rd defendant must pay 33.5% of the gross damages, interest and costs payable by the 1st and 2nd defendants to the plaintiffs (i.e. before deduction of employees' compensation).
  • Costs nisi: the 3rd defendant to pay the costs of this clarification application to the 1st and 2nd defendants, to be taxed if not agreed.