CHONG CHI CHING v. SECRETARY FOR JUSTICE (for and on behalf of the Government of the HKSAR) AND ANOTHER

CHONG CHI CHING v. SECRETARY FOR JUSTICE (for and on behalf of the Government of the HKSAR) AND ANOTHER

On the balance of probabilities the court accepted the plaintiff's evidence that the toilet floor was wet and she slipped while carrying a ladle of water; the 2nd defendant failed to prove it had engaged a competent cleaning contractor or maintained an effective inspection system and thus breached its duty as occupier; the plaintiff was contributorily negligent to the extent of 20% for not taking more care after noticing the wet floor; damages were assessed on that basis and reduced by the agreed set-off from the employees' compensation settlement, resulting in a net award of HK$179,993 in favour of the plaintiff against the 2nd defendant.

Citation
CHONG CHI CHING v. SECRETARY FOR JUSTICE (for and on behalf of the Government of the HKSAR) AND ANOTHER
Parties
Plaintiff: Chong Chi Ching; 1st Defendant (discontinued): Secretary for Justice; 2nd Defendant: Sources Fame Management Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 October 2016
Case Number
DCPI2733/2012
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Judgment entered for the plaintiff against Sources Fame Management Limited in the net sum of HK$179,993 (1st defendant discontinued)
Legal Topics
Slip and Fall, Contributory Negligence, Quantum of Damages, Entrustment to Independent Contractor Defence, Set Off of Employees' Compensation
Source Language
EN
Occupiers' Liability Negligence Personal Injury Employment/compensation Set Off Slip and Fall Contributory Negligence Quantum of Damages Entrustment to Independent Contractor Defence +1 more

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Parties

Chong Chi Ching

Plaintiff

Secretary for Justice

1st Defendant (discontinued)

Sources Fame Management Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Did the slip and fall occur as pleaded?
  2. 2 Was the occupier (2nd defendant) in breach of duty under occupiers' liability?
  3. 3 Was the cleaning contractor competent and was the inspection system adequate?

Ratio Decidendi

On the balance of probabilities the court accepted the plaintiff's evidence that the toilet floor was wet and she slipped while carrying a ladle of water; the 2nd defendant failed to prove it had engaged a competent cleaning contractor or maintained an effective inspection system and thus breached its duty as occupier; the plaintiff was contributorily negligent to the extent of 20% for not taking more care after noticing the wet floor; damages were assessed on that basis and reduced by the agreed set-off from the employees' compensation settlement, resulting in a net award of HK$179,993 in favour of the plaintiff against the 2nd defendant.

Court Disposition

Judgment entered for the plaintiff against Sources Fame Management Limited in the net sum of HK$179,993 (1st defendant discontinued)

Orders

  • Judgment for plaintiff against Sources Fame Management Limited for HK$179,993 (after 20% contributory negligence and deduction of EC set-off)
  • Interest: 2% per annum on PSLA from date of service of the writ to date of judgment; half judgment rate on special damages from date of accident to date of judgment; post-judgment interest on whole sum at judgment rate until payment