GURUNG KAMALA v. HONG WEI LTD

GURUNG KAMALA v. HONG WEI LTD

On the balance of probabilities the court found the plaintiff's account of flooding and carrying a heavy water-filled container implausible, credible independent witnesses denied presence of water and there was lack of objective medical evidence of serious injury; accordingly defendant was not negligent and the plaintiff's claim is dismissed.

Citation
GURUNG KAMALA v. HONG WEI LTD
Parties
Plaintiff: Gurung Kamala; Defendant: Hong Wei Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 March 2012
Case Number
DCPI1660/2010
Procedural Posture
Personal Injuries Action (district Court) / Judgment (trial Concluded)
Outcome
Claim dismissed
Legal Topics
Slip and Fall, Occupiers Liability Ordinance Cap 314, Implied Term of Employment Contract, Credibility Assessment, Waddell's Tests, Employees' Compensation Offset
Source Language
EN
Personal Injury Occupiers' Liability Negligence Employment Law Tort Damages Slip and Fall Occupiers Liability Ordinance Cap 314 +4 more

Case Brief

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Parties

Gurung Kamala

Plaintiff

Hong Wei Limited

Defendant

Procedural Posture

Personal Injuries Action (district Court) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether defendant breached duties as occupier leading to plaintiff's slip and fall
  2. 2 Whether defendant breached common law duty of care and implied contractual term
  3. 3 Whether the floor was flooded and caused the accident

Ratio Decidendi

On the balance of probabilities the court found the plaintiff's account of flooding and carrying a heavy water-filled container implausible, credible independent witnesses denied presence of water and there was lack of objective medical evidence of serious injury; accordingly defendant was not negligent and the plaintiff's claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Order Nisi for costs to defendant to be taxed if not agreed