GURUNG CHANDRA KUMAR v. KIN KEI ENGINEERING CO. AND ANOTHER

GURUNG CHANDRA KUMAR v. KIN KEI ENGINEERING CO. AND ANOTHER

The court accepted the plaintiff's account and rejected the defendants' witness; found that a plank on the platform broke causing the fall; held both defendants liable in common law negligence and for breach of statutory duties under Regulations 38L and 38A; assessed contributory negligence at 20%; quantified damages and allowed set-off for employees' compensation, resulting in judgment for the plaintiff of HKD 1,682,371.00.

Citation
GURUNG CHANDRA KUMAR v. KIN KEI ENGINEERING CO. AND ANOTHER
Parties
Plaintiff: GURUNG CHANDRA KUMAR; 1st Defendant: KIN KEI ENGINEERING COMPANY; 2nd Defendant: PAUL Y CONSTRUCTION COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2002
Case Number
HCPI650/2000
Procedural Posture
Personal Injuries / Judgment
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants, jointly and severally
Legal Topics
Negligence, Contributory Negligence, Damages, Breach of Statutory Duty, Workers' Compensation, Evidence Credibility
Source Language
EN
Torts Employment Law Construction Law Occupational Safety Personal Injury Statutory Duty Negligence Contributory Negligence +4 more

Case Brief

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Parties

GURUNG CHANDRA KUMAR

Plaintiff

KIN KEI ENGINEERING COMPANY

1st Defendant

PAUL Y CONSTRUCTION COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether defendants were negligent and in breach of statutory duties under the Construction Sites (Safety) Regulations
  2. 2 Whether the plaintiff's conduct amounted to contributory negligence and if so to what extent
  3. 3 Assessment of damages including PSLA, past and future loss of earnings, medical expenses, MPF and set off for employees' compensation

Ratio Decidendi

The court accepted the plaintiff's account and rejected the defendants' witness; found that a plank on the platform broke causing the fall; held both defendants liable in common law negligence and for breach of statutory duties under Regulations 38L and 38A; assessed contributory negligence at 20%; quantified damages and allowed set-off for employees' compensation, resulting in judgment for the plaintiff of HKD 1,682,371.00.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants, jointly and severally

Orders

  • Judgment for the plaintiff in the sum of $1,682,371.00 against the 1st and 2nd defendants, jointly and severally.
  • Costs of the plaintiff, as taxed or agreed, to be paid by the defendants jointly and severally.