KHAN HAMID v. PROFIT IN (HK) CO LTD AND ANOTHER

KHAN HAMID v. PROFIT IN (HK) CO LTD AND ANOTHER

The judge found the plaintiff's account not credible and that, on the photographic and testimonial evidence, no temporary wooden platform existed at the alleged location; accordingly the plaintiff failed to prove on the balance of probabilities that his injuries were caused by negligence or breach of duty by Profit In or Fuk Shing, and the claims were dismissed.

Citation
KHAN HAMID v. PROFIT IN (HK) CO LTD AND ANOTHER
Parties
Plaintiff: Khan Hamid; 1st Defendant: Profit In (HK) Company Limited; 2nd Defendant: Fuk Shing Engineering Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 March 2009
Case Number
DCPI1145/2008
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Claims dismissed. Judgment for 1st and 2nd Defendants.
Legal Topics
Workplace Accident, Causation, Liability of Employer and Principal Contractor, Quantum of Damages, Evidence Credibility
Source Language
EN
Personal Injury Employment Occupiers' Liability Negligence Construction Safety Workplace Accident Causation Liability of Employer and Principal Contractor +2 more

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Parties

Khan Hamid

Plaintiff

Profit In (HK) Company Limited

1st Defendant

Fuk Shing Engineering Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether plaintiff sustained injuries in the manner pleaded
  2. 2 Whether defendants were negligent or in breach of duty causing the injuries
  3. 3 Whether defendants provided safe access and plaintiff took an unsafe route

Ratio Decidendi

The judge found the plaintiff's account not credible and that, on the photographic and testimonial evidence, no temporary wooden platform existed at the alleged location; accordingly the plaintiff failed to prove on the balance of probabilities that his injuries were caused by negligence or breach of duty by Profit In or Fuk Shing, and the claims were dismissed.

Court Disposition

Claims dismissed. Judgment for 1st and 2nd Defendants.

Orders

  • Order nisi that the costs of the action be paid by Mr. Khan to Profit In and Fuk Shing, to be taxed if not agreed, with certificate for Counsel
  • Mr. Khan's own costs to be taxed in accordance with the Legal Aid Regulations