CHEUNG KI LAM 對 CHOI TAK TAI 及另一人

CHEUNG KI LAM 對 CHOI TAK TAI 及另一人

Court accepted the plaintiff's account and the criminal conviction as strong evidence that the first defendant was the aggressor and is civilly liable for assault; the second defendant was not liable because the assault was not a real and foreseeable risk of the employer's operations; contributory negligence did not apply; damages were assessed but set-off by employee compensation exceeded the award so plaintiff receives nothing; separately the second defendant is entitled to statutory contribution/indemnity from the first defendant in the sum assessed.

Citation
[2024] HKDC 1362
Parties
Plaintiff: CHEUNG KI LAM; First Defendant: CHOI TAK TAI; Second Defendant: HSIN CHONG CONSTRUCTION COMPANY LIMITED (in liquidation)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 August 2024
Case Number
DCPI2504/2019
Procedural Posture
Personal Injury / Tort (assault) and Contribution Claims / Trial Judgment
Outcome
Plaintiff's claim dismissed; first defendant civilly liable for assault but no payable damages to plaintiff after offset; second defendant's contribution/indemnity claim against first defendant allowed.
Legal Topics
Assault, Vicarious Liability / Employer Negligence, Employee's Compensation Act Recovery, Contribution and Indemnity, Assessment of Damages
Source Language
CH
Tort Employment Law Personal Injury Statutory Compensation Civil Procedure Assault Vicarious Liability / Employer Negligence Employee's Compensation Act Recovery +2 more

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Parties

CHEUNG KI LAM

Plaintiff

CHOI TAK TAI

First Defendant

HSIN CHONG CONSTRUCTION COMPANY LIMITED (in liquidation)

Second Defendant

Procedural Posture

Personal Injury / Tort (assault) and Contribution Claims / Trial Judgment

Legal Issues

  1. 1 Whether first defendant assaulted the plaintiff and is civilly liable
  2. 2 Whether second defendant (employer) is civilly liable for the assault by a third party (foreseeability/vicarious liability)
  3. 3 Whether plaintiff is contributorily negligent and apportionment; and whether employer can recover from first defendant under statutory and common law mechanisms

Ratio Decidendi

Court accepted the plaintiff's account and the criminal conviction as strong evidence that the first defendant was the aggressor and is civilly liable for assault; the second defendant was not liable because the assault was not a real and foreseeable risk of the employer's operations; contributory negligence did not apply; damages were assessed but set-off by employee compensation exceeded the award so plaintiff receives nothing; separately the second defendant is entitled to statutory contribution/indemnity from the first defendant in the sum assessed.

Court Disposition

Plaintiff's claim dismissed; first defendant civilly liable for assault but no payable damages to plaintiff after offset; second defendant's contribution/indemnity claim against first defendant allowed.

Orders

  • Plaintiff's claim against defendants dismissed; no damages payable to plaintiff because employee compensation received exceeded assessed damages
  • First defendant found civilly liable for assault on plaintiff and for contribution/indemnity to second defendant