LAM KAM YU v. CHAN MAN CHEUNG AND ANOTHER

LAM KAM YU v. CHAN MAN CHEUNG AND ANOTHER

Both the registered owner and the occupier were held liable in negligence for failing to maintain the external waste water PVC pipe which fell and injured the plaintiff; damages were assessed and awarded in specified amounts with stipulated interest and costs to be taxed and Legal Aid taxation ordered.

Citation
LAM KAM YU v. CHAN MAN CHEUNG AND ANOTHER
Parties
Plaintiff: Lam Kam Yu; 1st Defendant: Chan Man Cheung; 2nd Defendant: Kisstar Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 2000
Case Number
HCPI1114/1998
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff for damages totalling $1,725,558 with interest; costs to plaintiff to be taxed if not agreed; Legal Aid taxation ordered.
Legal Topics
Liability for Falling Object, Damages Assessment, Causation, Interest on Damages, Legal Aid Taxation
Source Language
EN
Tort Personal Injury Negligence Occupiers' Liability Landlord and Tenant Liability for Falling Object Damages Assessment Causation +2 more

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Parties

Lam Kam Yu

Plaintiff

Chan Man Cheung

1st Defendant

Kisstar Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the owner and occupier owed a duty of care in respect of external waste water pipes
  2. 2 Whether the defendants were negligent in failing to maintain the PVC waste water pipe leading to plaintiff's injuries
  3. 3 Whether liability under the tenancy agreement and common law attaches to owner and/or occupier

Ratio Decidendi

Both the registered owner and the occupier were held liable in negligence for failing to maintain the external waste water PVC pipe which fell and injured the plaintiff; damages were assessed and awarded in specified amounts with stipulated interest and costs to be taxed and Legal Aid taxation ordered.

Court Disposition

Judgment for the plaintiff for damages totalling $1,725,558 with interest; costs to plaintiff to be taxed if not agreed; Legal Aid taxation ordered.

Orders

  • Judgment for plaintiff in the sum of $1,725,558
  • Interest on special damages and loss of pre-trial earnings at half the judgment rate from date of accident (1 August 1996) to date of trial (9 November 2000)