CHENG KAI KIT v. KWONG KAM TIM MARBLE CO LTD AND ANOTHER

CHENG KAI KIT v. KWONG KAM TIM MARBLE CO LTD AND ANOTHER

On the balance of probabilities the plaintiff failed to prove the ladder was defective prior to the fall and that any latent defect caused the accident; the fall was found to be a slip while descending and causation and breach by KKT or FY were not established; accordingly liability not proved and claim dismissed.

Source-derived case information.

Citation
CHENG KAI KIT v. KWONG KAM TIM MARBLE CO LTD AND ANOTHER
Parties
Plaintiff: Cheng; 1st Defendant (employer): KKT; 2nd Defendant (principal Contractor): FY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 November 2009
Case Number
DCPI2627/2008
Procedural Posture
Personal Injury / Workplace Accident / Trial at District Court; Judgment Delivered (case Transferred From High Court in December 2008)
Outcome
Claim dismissed with costs to defendants KKT and FY
Legal Topics
Negligence, Causation, Contributory Negligence, Damages Assessment, Employees' Compensation, Reporting Obligations, Latent Defect
Source Language
en
Torts Personal Injury Occupiers' Liability Workplace Safety Statutory Duty of Employers Negligence Causation Contributory Negligence +4 more

Source-derived case record

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Cheng

Plaintiff

KKT

1st Defendant (employer)

FY

2nd Defendant (principal Contractor)

Procedural Posture

Personal Injury / Workplace Accident / Trial at District Court; Judgment Delivered (case Transferred From High Court in December 2008)

Legal Issues

  1. 1 how the accident happened (causation)
  2. 2 whether KKT breached implied contractual and statutory duty (s6A, Cap.59)
  3. 3 whether KKT and/or FY were negligent or liable as occupiers

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove the ladder was defective prior to the fall and that any latent defect caused the accident; the fall was found to be a slip while descending and causation and breach by KKT or FY were not established; accordingly liability not proved and claim dismissed.

Court Disposition

Claim dismissed with costs to defendants KKT and FY

Orders

  • Claim dismissed with costs to KKT and FY
  • Costs to be taxed if not agreed