LAI WING SUN v. HIGH LINK TECHNOLOGY LTD AND OTHERS

LAI WING SUN v. HIGH LINK TECHNOLOGY LTD AND OTHERS

High Link and Shun Wo, as occupier/main contractor and subcontractor with control and supervisory responsibilities, breached their duty to take all reasonably practicable steps to ensure a safe system of work (including enforcement of use of a safe aluminium platform); that breach caused the plaintiff's injuries; Wu...

Source-derived case information.

Citation
LAI WING SUN v. HIGH LINK TECHNOLOGY LTD AND OTHERS
Parties
Plaintiff: Lai Wing Sun; 1st Defendant: High Link Technology Limited; 2nd Defendant: Shun Wo Engineering Consultant Services Limited formerly known as Shun Wo Technical Services Limited; 3rd Defendant: Wu Kwok Man; Third Party: Wu Kwok Leung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 November 2008
Case Number
DCPI78/2006
Procedural Posture
Personal Injuries Action / Judgment (district Court)
Outcome
Judgment for the plaintiff against High Link Technology Limited and Shun Wo Engineering Consultant Services Limited; claims against Wu Kwok Man dismissed.
Legal Topics
Negligence, Breach of Statutory Duty, Damages, Contributory Negligence, Causation, Duty of Care, Scaffold and Ladder Safety, Regulation 38 C Cap.59
Source Language
en
Personal Injury Tort Occupiers' Liability Construction Law Workplace Safety Negligence Breach of Statutory Duty Damages +5 more

Source-derived case record

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 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Lai Wing Sun

Plaintiff

High Link Technology Limited

1st Defendant

Shun Wo Engineering Consultant Services Limited formerly known as Shun Wo Technical Services Limited

2nd Defendant

Wu Kwok Man

3rd Defendant

Wu Kwok Leung

Third Party

Procedural Posture

Personal Injuries Action / Judgment (district Court)

Legal Issues

  1. 1 Whether the plaintiff sustained injury as alleged
  2. 2 Whether High Link was negligent or breached statutory/common law duties
  3. 3 Whether Shun Wo was negligent or breached statutory/common law duties

Ratio Decidendi

High Link and Shun Wo, as occupier/main contractor and subcontractor with control and supervisory responsibilities, breached their duty to take all reasonably practicable steps to ensure a safe system of work (including enforcement of use of a safe aluminium platform); that breach caused the plaintiff's injuries; Wu Kwok Man lacked control and is not liable; plaintiff was 50% contributorily negligent; damages awarded reduced accordingly.

Court Disposition

Judgment for the plaintiff against High Link Technology Limited and Shun Wo Engineering Consultant Services Limited; claims against Wu Kwok Man dismissed.

Orders

  • High Link Technology Limited and Shun Wo Engineering Consultant Services Limited to pay the plaintiff damages of HKD 207000 (being 50% of the total award of HKD 414000 after contributory negligence apportioned at 50%).
  • Interest on PSLA awarded at 2% per annum from date of writ to date of judgment.