CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER

CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER

The court found the H-pile was lifted before the Plaintiff gave a hand signal and that this was negligent conduct by the crane operator (employee of the 2nd Defendant); accordingly the 2nd Defendant is vicariously liable. The 1st Defendant had provided a reasonable workable hand-signal system and was not in breach; the Plaintiff was not contributorily negligent. Because the injury was caused solely by the contractor's employee, the 2nd Defendant could not rely on contractual indemnity by the 1st Defendant, and the 1st Defendant was entitled to recovery of Employees' Compensation it had paid.

Citation
CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER
Parties
Plaintiff: Cheung Ping; 1st Defendant: Pak Kee Transportation Company Limited; 2nd Defendant: B+B Construction Limited (formerly Franki Contractors Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 1999
Case Number
HCPI963/1997
Procedural Posture
Personal Injuries (tort) / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff against the 2nd Defendant; Plaintiff's claim against the 1st Defendant dismissed; Third-party judgment for the 1st Defendant against the 2nd Defendant for employees' compensation and costs; 2nd Defendant's counterclaim dismissed.
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Indemnity Under Subcontract, Quantum of Damages, Third Party Proceedings, Employees' Compensation
Source Language
EN
Personal Injury Tort Employment Law Contract (indemnity) Occupational Safety Civil Procedure Negligence Vicarious Liability +5 more

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Parties

Cheung Ping

Plaintiff

Pak Kee Transportation Company Limited

1st Defendant

B+B Construction Limited (formerly Franki Contractors Limited)

2nd Defendant

Procedural Posture

Personal Injuries (tort) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd Defendant is vicariously liable for the crane operator's negligence
  2. 2 Whether the 1st Defendant breached its duty to provide a safe system of work to the Plaintiff
  3. 3 Whether the Plaintiff was contributorily negligent

Ratio Decidendi

The court found the H-pile was lifted before the Plaintiff gave a hand signal and that this was negligent conduct by the crane operator (employee of the 2nd Defendant); accordingly the 2nd Defendant is vicariously liable. The 1st Defendant had provided a reasonable workable hand-signal system and was not in breach; the Plaintiff was not contributorily negligent. Because the injury was caused solely by the contractor's employee, the 2nd Defendant could not rely on contractual indemnity by the 1st Defendant, and the 1st Defendant was entitled to recovery of Employees' Compensation it had paid.

Court Disposition

Judgment for the Plaintiff against the 2nd Defendant; Plaintiff's claim against the 1st Defendant dismissed; Third-party judgment for the 1st Defendant against the 2nd Defendant for employees' compensation and costs; 2nd Defendant's counterclaim dismissed.

Orders

  • Judgment for the Plaintiff against the 2nd Defendant in the sum of HK$759,797.05.
  • Plaintiff's claim against the 1st Defendant dismissed.