LEUNG FUN HING v. EXTREME GOOD (ASIA) CONSTRUCTION CO. LTD.

LEUNG FUN HING v. EXTREME GOOD (ASIA) CONSTRUCTION CO. LTD.

The court accepted the plaintiff's and witness Ho's credible evidence over the defence accident report, found the chain hook lacked a safety catch causing it to detach and strike the plaintiff, concluded both defendants jointly 100% liable, rejected contributory negligence, accepted wage records for pre-accident earnings, applied an 18-month period off work, used a six-year multiplier for future loss and calculated a final award of HK$1,436,071 after deducting agreed ECC compensation.

Citation
LEUNG FUN HING v. EXTREME GOOD (ASIA) CONSTRUCTION CO. LTD.
Parties
Plaintiff: LEUNG FUN HING; 1st Defendant: EXTREME GOOD (ASIA) CONSTRUCTION COMPANY LIMITED; 2nd Defendant: CHEVALIER CONSTRUCTION (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2002
Case Number
HCPI57/2001
Procedural Posture
Personal Injuries / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Breach of Statutory Duty, Liability of Subcontractors, Quantum of Damages, Credibility and Evidence Assessment, Contributory Negligence, Assessment of Future Loss
Source Language
EN
Personal Injury Negligence Employment Law Workplace Safety Statutory Compensation Breach of Statutory Duty Liability of Subcontractors Quantum of Damages +3 more

Case Brief

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Parties

LEUNG FUN HING

Plaintiff

EXTREME GOOD (ASIA) CONSTRUCTION COMPANY LIMITED

1st Defendant

CHEVALIER CONSTRUCTION (HONG KONG) LIMITED

2nd Defendant

Procedural Posture

Personal Injuries / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether defendants were liable for the plaintiff's workplace injuries
  2. 2 Whether the plaintiff bore contributory negligence
  3. 3 Whether the crane chain hook slipped due to absence of safety catch or the steel wire snapped

Ratio Decidendi

The court accepted the plaintiff's and witness Ho's credible evidence over the defence accident report, found the chain hook lacked a safety catch causing it to detach and strike the plaintiff, concluded both defendants jointly 100% liable, rejected contributory negligence, accepted wage records for pre-accident earnings, applied an 18-month period off work, used a six-year multiplier for future loss and calculated a final award of HK$1,436,071 after deducting agreed ECC compensation.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff for HK$1,436,071 subject to adjustment after interest on special damages is added
  • Order nisi that costs shall be to the plaintiff, to be taxed if not agreed