柯開榮 對 明泰建築工程有限公司

柯開榮 對 明泰建築工程有限公司

The Court refused leave to appeal because the applicant failed to identify any arguable ground demonstrating that the trial judge's factual findings or credibility assessments were plainly wrong or any evidence of bias; the application merely reasserted the original case without addressing the reasons for the trial...

Source-derived case information.

Citation
[2025] HKCA 541
Parties
Plaintiff: KE KAI JUNG (柯開榮); Defendant: MING TAI CONSTRUCTION ENGINEERING COMPANY LIMITED (明泰建築工程有限公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 June 2025
Case Number
CAMP204/2024
Procedural Posture
Civil Personal Injury Appeal From District Court (application for Leave to Appeal) / Application for Permission to Appeal Refused by Court of Appeal
Outcome
Application for leave to appeal refused by Court of Appeal
Legal Topics
Leave to Appeal, Employer's Duty of Care, Contributory Negligence, Witness Credibility, Judicial Deference to Findings of Fact, Costs Assessment
Source Language
ch
Personal Injury Employer Liability Negligence Procedural Law Costs Leave to Appeal Employer's Duty of Care Contributory Negligence +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

KE KAI JUNG (柯開榮)

Plaintiff

MING TAI CONSTRUCTION ENGINEERING COMPANY LIMITED (明泰建築工程有限公司)

Defendant

Procedural Posture

Civil Personal Injury Appeal From District Court (application for Leave to Appeal) / Application for Permission to Appeal Refused by Court of Appeal

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether employer breached duty of care to employee
  3. 3 Whether employee's conduct constituted contributory negligence

Ratio Decidendi

The Court refused leave to appeal because the applicant failed to identify any arguable ground demonstrating that the trial judge's factual findings or credibility assessments were plainly wrong or any evidence of bias; the application merely reasserted the original case without addressing the reasons for the trial judge's conclusions, and therefore had no real prospect of success.

Court Disposition

Application for leave to appeal refused by Court of Appeal

Orders

  • Leave to appeal refused.
  • Appellant ordered to pay respondent's costs of HK$50,000 (interim costs order).