CHOW SHEK PING v. LAI SHING CONSTRUCTION ENGINEERING LTD AND OTHERS

CHOW SHEK PING v. LAI SHING CONSTRUCTION ENGINEERING LTD AND OTHERS

The court rejected the plaintiff's platform account as inherently improbable and inconsistent with contemporaneous documents (Accident Record Form and hospital records) and accepted the defendants' non-platform version; on the evidence plaintiff failed to establish defendants' negligence and the claim was dismissed; costs ordered to follow the event except no order as to costs for the two ex parte applications whose costs were wasted.

Citation
CHOW SHEK PING v. LAI SHING CONSTRUCTION ENGINEERING LTD AND OTHERS
Parties
Plaintiff: Chow Shek Ping; 1st Defendant: Lai Shing Construction Engineering Limited; 2nd Defendant: Glory Sky Construction Limited; 3rd Defendant: Cheung Kee Fung Cheung Construction Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 June 2017
Case Number
DCPI1724/2016
Procedural Posture
Personal Injuries Action / Judgment After Trial
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Contributory Negligence, Employees Compensation, Occupational Safety Statutory Duties, Credibility of Witness Evidence, Weight of Untendered Documents, Expert Medical Evidence, Costs of Ex Parte Applications
Source Language
EN
Personal Injury Employment Law Occupiers Liability Statutory Workplace Safety Evidence Law Costs Law Negligence Contributory Negligence +6 more

Case Brief

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Parties

Chow Shek Ping

Plaintiff

Lai Shing Construction Engineering Limited

1st Defendant

Glory Sky Construction Limited

2nd Defendant

Cheung Kee Fung Cheung Construction Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial

Legal Issues

  1. 1 Whether the accident occurred on an unsafe makeshift platform or while descending stairs carrying materials
  2. 2 Whether defendants owed and breached duties under common law and relevant occupational safety statutes
  3. 3 Whether plaintiff or defendants employed the plaintiff and vicarious liability issues

Ratio Decidendi

The court rejected the plaintiff's platform account as inherently improbable and inconsistent with contemporaneous documents (Accident Record Form and hospital records) and accepted the defendants' non-platform version; on the evidence plaintiff failed to establish defendants' negligence and the claim was dismissed; costs ordered to follow the event except no order as to costs for the two ex parte applications whose costs were wasted.

Court Disposition

Plaintiff's claim dismissed

Orders

  • The plaintiff's claim be dismissed
  • In respect of the costs of the two ex parte applications, there be no order as to costs