LEE YAM KAN v. NG PUI KUEN t/a WING SING SCAFFOLDING ENGINEERING AND ANOTHER

LEE YAM KAN v. NG PUI KUEN t/a WING SING SCAFFOLDING ENGINEERING AND ANOTHER

On the balance of probabilities the plaintiff fell from the fence wall as he described; both defendants breached statutory duties under the CSSR and were negligent/liable as occupiers and employer; the criminal convictions shift the burden and are persuasive; plaintiff was contributory negligent to the extent of 30%; damages are awarded as calculated and reduced for contributory negligence and credited for employees' compensation, yielding a net award of HKD 1,618,242.18 plus ordered interest and costs nisi.

Citation
LEE YAM KAN v. NG PUI KUEN t/a WING SING SCAFFOLDING ENGINEERING AND ANOTHER
Parties
Plaintiff: Lee Yam Kan; 1st Defendant: Ng Pui Kuen trading as Wing Sing Scaffolding Engineering; 2nd Defendant: Wai Tat Foundation & Engineering Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2016
Case Number
HCPI196/2014
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for plaintiff; both defendants liable; plaintiff held 30% contributorily negligent; net damages awarded HKD 1,618,242.18 after credit for employees' compensation.
Legal Topics
Breach of Statutory Duty (cssr), Employer's Duty of Care, Occupier's Common Duty (olo), Contributory Negligence Apportionment, Causation, Quantum of Damages, Mitigation of Loss, Criminal Convictions as Civil Evidence
Source Language
EN
Personal Injury Tort Occupiers' Liability Employment Law Construction Safety/regulatory Law Evidence Breach of Statutory Duty (cssr) Employer's Duty of Care +6 more

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Parties

Lee Yam Kan

Plaintiff

Ng Pui Kuen trading as Wing Sing Scaffolding Engineering

1st Defendant

Wai Tat Foundation & Engineering Ltd

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 How the accident occurred (fence wall v scaffold)
  2. 2 Whether defendants breached statutory duties under the Construction Sites (Safety) Regulations
  3. 3 Whether employer (Ng) breached common law duty/contract of employment

Ratio Decidendi

On the balance of probabilities the plaintiff fell from the fence wall as he described; both defendants breached statutory duties under the CSSR and were negligent/liable as occupiers and employer; the criminal convictions shift the burden and are persuasive; plaintiff was contributory negligent to the extent of 30%; damages are awarded as calculated and reduced for contributory negligence and credited for employees' compensation, yielding a net award of HKD 1,618,242.18 plus ordered interest and costs nisi.

Court Disposition

Judgment for plaintiff; both defendants liable; plaintiff held 30% contributorily negligent; net damages awarded HKD 1,618,242.18 after credit for employees' compensation.

Orders

  • Defendants to pay damages to plaintiff totalling HKD 1,618,242.18 (net after credit of HKD 475,471.43 received under Employees' Compensation schemes).
  • Interest on general damages for PSLA at 2% per annum from date of service of writ to date of judgment.