鍾玉珍 對 嘉頓有限公司

鍾玉珍 對 嘉頓有限公司

The Court refused leave because the defendant failed to show any error of law or a plainly wrong factual finding by the trial judge; the trial judge's credibility and causation determinations were supported by the medical records, expert reports and the totality of evidence, and the defendant's arguments merely...

Source-derived case information.

Citation
[2025] HKCA 227
Parties
Plaintiff: CHUNG YUK CHUN(鍾玉珍); Defendant: THE GARDEN COMPANY, LIMITED(嘉頓有限公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 March 2025
Case Number
CAMP41/2024
Procedural Posture
Personal Injury Negligence/occupiers' Liability / Application for Leave to Appeal to Court of Appeal (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Slip and Fall, Causation, Contributory Negligence, Assessment of Damages, Expert Evidence, Surveillance Video Evidence, Leave to Appeal Standard
Source Language
ch
Tort Occupiers' Liability Vicarious Liability Personal Injury Appeal Procedure Evidence Law Slip and Fall Causation +5 more

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Parties

CHUNG YUK CHUN(鍾玉珍)

Plaintiff

THE GARDEN COMPANY, LIMITED(嘉頓有限公司)

Defendant

Procedural Posture

Personal Injury Negligence/occupiers' Liability / Application for Leave to Appeal to Court of Appeal (refused)

  1. 1 Whether defendant breached duty of care as occupier and employer
  2. 2 Whether employer liable vicariously for cleaner's negligence
  3. 3 Causation between slip and later spinal/neck symptoms

Ratio Decidendi

The Court refused leave because the defendant failed to show any error of law or a plainly wrong factual finding by the trial judge; the trial judge's credibility and causation determinations were supported by the medical records, expert reports and the totality of evidence, and the defendant's arguments merely rehashed evidence without demonstrating a reasonable prospect of success on appeal.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal dismissed and originating summons of 5 March 2024 vacated
  • Defendant ordered to pay the plaintiff's costs of this application; if parties cannot agree the amount to be assessed by the Court