KOAH MING MING v. SECRETARY FOR JUSTICE acting on behalf of TRANSPORT DEPARTMENT AND OTHERS

KOAH MING MING v. SECRETARY FOR JUSTICE acting on behalf of TRANSPORT DEPARTMENT AND OTHERS

Court found on balance that plaintiff slipped on oil and sand left from the 1st Defendant's operation, that the 1st Defendant breached its duty as occupier and was primarily culpable, the 2nd Defendant was also liable as occupier/principal contractor to a lesser extent, the 3rd Defendant was not liable (cleaning limited to mornings), apportionment was 85% against 1st Defendant and 15% against 2nd Defendant, and the 1st Defendant's contractual claim for indemnity against the 2nd Defendant was dismissed because the indemnity is proportionately reduced by the indemnitee's own negligence and the 1st Defendant was more culpable.

Citation
KOAH MING MING v. SECRETARY FOR JUSTICE acting on behalf of TRANSPORT DEPARTMENT AND OTHERS
Parties
Plaintiff: Koah Ming Ming; 1st Defendant: Secretary for Justice acting on behalf of Transport Department; 2nd Defendant: The Jardine Engineering Corporation Limited; 3rd Defendant: Yu S Tin Sing Enterprises Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2010
Case Number
HCPI180/2005
Procedural Posture
Personal Injuries Action No. 180 of 2005 / Trial (liability and Quantum); Judgment Delivered 9 June 2010
Outcome
Judgment for Plaintiff against 1st and 2nd Defendants. 1st Defendant held 85% liable, 2nd Defendant held 15% liable. 3rd Defendant not liable. 1st Defendant's indemnity claim against 2nd Defendant dismissed.
Legal Topics
Slip and Fall, Occupier's Duty of Care, Contributory Negligence, Indemnity Clause Interpretation, Apportionment of Liability, Quantum Assessment, Loss of Earnings, Pain, Suffering and Loss of Amenities
Source Language
EN
Tort Contract Occupiers' Liability Personal Injury Contractual Indemnity Slip and Fall Occupier's Duty of Care Contributory Negligence +5 more

Case Brief

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Parties

Koah Ming Ming

Plaintiff

Secretary for Justice acting on behalf of Transport Department

1st Defendant

The Jardine Engineering Corporation Limited

2nd Defendant

Yu S Tin Sing Enterprises Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action No. 180 of 2005 / Trial (liability and Quantum); Judgment Delivered 9 June 2010

Legal Issues

  1. 1 Whether the accident occurred as alleged (slip on oil and sand)
  2. 2 Whether oil and sand on site were substantial and dangerous or de minimis
  3. 3 Whether plaintiff was contributorily negligent or a trespasser

Ratio Decidendi

Court found on balance that plaintiff slipped on oil and sand left from the 1st Defendant's operation, that the 1st Defendant breached its duty as occupier and was primarily culpable, the 2nd Defendant was also liable as occupier/principal contractor to a lesser extent, the 3rd Defendant was not liable (cleaning limited to mornings), apportionment was 85% against 1st Defendant and 15% against 2nd Defendant, and the 1st Defendant's contractual claim for indemnity against the 2nd Defendant was dismissed because the indemnity is proportionately reduced by the indemnitee's own negligence and the 1st Defendant was more culpable.

Court Disposition

Judgment for Plaintiff against 1st and 2nd Defendants. 1st Defendant held 85% liable, 2nd Defendant held 15% liable. 3rd Defendant not liable. 1st Defendant's indemnity claim against 2nd Defendant dismissed.

Orders

  • Damages awarded: PSLA HKD 200000
  • Loss of pre-trial earnings and MPF HKD 285075