LUNG YUI MAN v. YEE HING KEE PLUMBING WORKS CO LTD

LUNG YUI MAN v. YEE HING KEE PLUMBING WORKS CO LTD

The plaintiff failed to discharge the burden of proof on the balance of probabilities that the accident occurred as alleged and that the co-worker Chu was present; the plaintiff's evidence was materially inconsistent with credible documentary records and physical demonstration; accordingly the claim was dismissed...

Source-derived case information.

Citation
LUNG YUI MAN v. YEE HING KEE PLUMBING WORKS CO LTD
Parties
Plaintiff: Lung Yui Man; 1st Defendant: Yee Hing Kee Plumbing Works Company Limited; 2nd Defendant: Campenon Bernard SGE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2000
Case Number
HCPI923/1996
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Action dismissed for failure to prove liability
Legal Topics
Negligence, Contributory Negligence, Causation, Evidence Credibility and Handwriting, Estoppel, Damages PSLA and Loss of Earnings, Statutory Duty Construction Sites (safety) Regulations
Source Language
en
Tort Personal Injury Occupier's Liability Construction Law Employment / Workers' Compensation Negligence Contributory Negligence Causation +4 more

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Summary, issues, holding and outcome

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Parties

Lung Yui Man

Plaintiff

Yee Hing Kee Plumbing Works Company Limited

1st Defendant

Campenon Bernard SGE

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the plaintiff sustained the alleged accident on 6 September 1993 during employment
  2. 2 Whether the co-worker Chu was present such that the accident could have occurred as pleaded
  3. 3 Whether the plaintiff's evidence was credible and supported by documentary evidence

Ratio Decidendi

The plaintiff failed to discharge the burden of proof on the balance of probabilities that the accident occurred as alleged and that the co-worker Chu was present; the plaintiff's evidence was materially inconsistent with credible documentary records and physical demonstration; accordingly the claim was dismissed for want of proof.

Court Disposition

Action dismissed for failure to prove liability

Orders

  • Action dismissed with costs to the defendants to be taxed if not agreed
  • Plaintiff's legal aid costs to be taxed in accordance with Legal Aid Regulations