LUI KIN WAI v. ACTIVE ENGINEERING LTD AND ANOTHER

LUI KIN WAI v. ACTIVE ENGINEERING LTD AND ANOTHER

On the balance of probabilities the court was not satisfied that the plaintiff fell from the platform as alleged; contemporaneous hospital records and the plaintiff's statement indicated a fall down stairs, and the plaintiff's credibility was undermined by inconsistent accounts. Therefore the plaintiff failed to discharge the burden of proof and the action is dismissed; alternatively, if the fall occurred as recorded, it was caused by the plaintiff's own lack of care and did not establish defendants' negligence.

Citation
LUI KIN WAI v. ACTIVE ENGINEERING LTD AND ANOTHER
Parties
Plaintiff: LUI KIN WAI; 1st Defendant: ACTIVE ENGINEERING LIMITED; 2nd Defendant: LUI TSUN LUNG and LUI MAN TO trading as YUEN HING ENGINEERING COMPANY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2009
Case Number
DCPI594/2008
Procedural Posture
Personal Injuries Action / Judgment (trial)
Outcome
Action dismissed
Legal Topics
Slip and Fall, Duty of Care, Causation, Damages, Witness Credibility
Source Language
EN
Personal Injury Negligence Occupational Safety Employment Compensation Slip and Fall Duty of Care Causation Damages +1 more

Case Brief

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

Parties

LUI KIN WAI

Plaintiff

ACTIVE ENGINEERING LIMITED

1st Defendant

LUI TSUN LUNG and LUI MAN TO trading as YUEN HING ENGINEERING COMPANY

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (trial)

Legal Issues

  1. 1 Whether the plaintiff fell from the 6 m platform as alleged
  2. 2 If so, whether the accident was caused by breach of duty by the defendants
  3. 3 Quantum of damages if liability established

Ratio Decidendi

On the balance of probabilities the court was not satisfied that the plaintiff fell from the platform as alleged; contemporaneous hospital records and the plaintiff's statement indicated a fall down stairs, and the plaintiff's credibility was undermined by inconsistent accounts. Therefore the plaintiff failed to discharge the burden of proof and the action is dismissed; alternatively, if the fall occurred as recorded, it was caused by the plaintiff's own lack of care and did not establish defendants' negligence.

Court Disposition

Action dismissed

Orders

  • Action dismissed
  • An order nisi that the costs of the action are to be paid by Mr. Lui to Active Engineering Limited and Yuen Hing Engineering Company, with Certificate for Counsel, to be taxed if not agreed