IMTIAZ PERVIZ v. SENIBO DEVELOPMENT LTD AND ANOTHER

IMTIAZ PERVIZ v. SENIBO DEVELOPMENT LTD AND ANOTHER

The court accepted the plaintiff's account as supported by contemporaneous medical records, the Form 2 report and the orthopaedic expert's opinion; severe weather made loading unsafe, the person in charge should have halted operations, and continuing constituted negligence by the 1st defendant causing the injury; no contributory negligence was established; damages awarded with deduction for employee's compensation already paid.

Citation
IMTIAZ PERVIZ v. SENIBO DEVELOPMENT LTD AND ANOTHER
Parties
Plaintiff: Imtiaz Perviz; 1st Defendant: Senibo Development Limited; 2nd Defendant: Winner Shipping Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2007
Case Number
HCPI437/2005
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Judgment for the plaintiff against the 1st defendant; claim against the 2nd defendant discontinued; 1st defendant liable in negligence, breach of contract and breach of safety regulations; no contributory negligence found.
Legal Topics
Causation, Damages Assessment, Contributory Negligence, Medical Evidence, Compensatory Set‑off (employee's Compensation)
Source Language
EN
Personal Injury Employer's Liability Negligence Occupiers Liability Statutory Safety Regulation Compliance Workplace Safety Causation Damages Assessment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Imtiaz Perviz

Plaintiff

Senibo Development Limited

1st Defendant

Winner Shipping Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether the 1st defendant breached its duty of care by continuing loading operations in severe weather
  2. 2 Whether the plaintiff's injury was caused by being trapped between two containers or by a single container strike
  3. 3 Whether contributory negligence by the plaintiff reduces liability

Ratio Decidendi

The court accepted the plaintiff's account as supported by contemporaneous medical records, the Form 2 report and the orthopaedic expert's opinion; severe weather made loading unsafe, the person in charge should have halted operations, and continuing constituted negligence by the 1st defendant causing the injury; no contributory negligence was established; damages awarded with deduction for employee's compensation already paid.

Court Disposition

Judgment for the plaintiff against the 1st defendant; claim against the 2nd defendant discontinued; 1st defendant liable in negligence, breach of contract and breach of safety regulations; no contributory negligence found.

Orders

  • Damages awarded to plaintiff comprising: general damages (PSLA) and pre‑trial and future loss of earnings and special damages as itemized in judgment
  • Employee's Compensation payment of HKD 382,428 to be set off against the damages awarded