KO MAN WO v. WOON LEE CONSTRUCTION CO. LTD. AND OTHERS

KO MAN WO v. WOON LEE CONSTRUCTION CO. LTD. AND OTHERS

The court found the primary cause of the accident was the negligence of the 3rd defendant (its proprietor Mr Ho) in mounting and attempting to secure the panel without proper support or assistance; the 1st defendant bore a limited non-delegable statutory duty and was held 10% liable while the 3rd defendant was held...

Source-derived case information.

Citation
KO MAN WO v. WOON LEE CONSTRUCTION CO. LTD. AND OTHERS
Parties
Plaintiff: Ko Man Wo; 1st Defendant: Woon Lee Construction Co. Ltd; 2nd Defendant: Paul Y.-ITC Transportation Ltd; 3rd Defendant: Sun Kee Transportation Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2000
Case Number
HCPI1291/1997
Procedural Posture
Personal Injury / Judgment on Apportionment of Damages
Outcome
Judgment entered for plaintiff; apportionment of the HK$1.5 million balance between 1st and 3rd defendants
Legal Topics
Negligence, Non Delegable Duty, Apportionment of Liability, Damages
Source Language
en
Tort Construction Law Occupational Safety Negligence Non Delegable Duty Apportionment of Liability Damages

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Parties

Ko Man Wo

Plaintiff

Woon Lee Construction Co. Ltd

1st Defendant

Paul Y.-ITC Transportation Ltd

2nd Defendant

Sun Kee Transportation Ltd

3rd Defendant

Procedural Posture

Personal Injury / Judgment on Apportionment of Damages

Legal Issues

  1. 1 Whether the toppling of the concrete panel was caused by the acts or omissions of the 3rd defendant or the 1st defendant
  2. 2 Extent to which the 1st defendant's non-delegable statutory duty under section 38A of the Construction Sites (Safety) Regulations affects apportionment
  3. 3 Proper apportionment of the $1.5 million balance between 1st and 3rd defendants

Ratio Decidendi

The court found the primary cause of the accident was the negligence of the 3rd defendant (its proprietor Mr Ho) in mounting and attempting to secure the panel without proper support or assistance; the 1st defendant bore a limited non-delegable statutory duty and was held 10% liable while the 3rd defendant was held 90% liable for the HK$1.5 million balance.

Court Disposition

Judgment entered for plaintiff; apportionment of the HK$1.5 million balance between 1st and 3rd defendants

Orders

  • Total damages agreed at HK$1,600,000 with judgment entered for the plaintiff
  • 2nd defendant to contribute HK$100,000 towards the judgment sum (previously agreed) plus 10% of plaintiff's costs