MAN PUI SHING v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS

MAN PUI SHING v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS

Court found D2 and D3 jointly liable in negligence: D2 employed unlicensed/incompetent operator (Ma) and D2/D3 had sufficient control and opportunity to supervise the system of work; D3 was also an occupier and co-operator of the premises. The accident arose from activity (manner of driving) not the state of...

Source-derived case information.

Citation
[2025] HKDC 16
Parties
Plaintiff: Man Pui Shing; 1st Defendant: International Paper Manufacturing & Distribution Limited; 2nd Defendant: Faith Enterprise (H K) Limited; 3rd Defendant: Lau Choi Kee Papers Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 January 2025
Case Number
DCPI2911/2020
Procedural Posture
Personal Injuries Action / Judgment at Trial
Outcome
Judgment for plaintiff against 2nd Defendant (Faith Enterprise (H K) Limited) and 3rd Defendant (Lau Choi Kee Papers Company Limited) in the net sum of HK$552,172.98; claim against 1st Defendant dismissed.
Legal Topics
Occupier's Liability Under OSHO S7, Duty of Care (foreseeability, Proximity, Fair, Just and Reasonable), Contributory Negligence, Vicarious Liability of Employer, Indemnity and Contribution Under CLCO, Assessment of Damages (psla, Loss of Earnings, Special Damages)
Source Language
en
Personal Injury Occupiers' Liability Negligence Vicarious Liability Contractual Indemnity Civil Contribution Workplace Safety/osho Occupier's Liability Under OSHO S7 +5 more

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Parties

Man Pui Shing

Plaintiff

International Paper Manufacturing & Distribution Limited

1st Defendant

Faith Enterprise (H K) Limited

2nd Defendant

Lau Choi Kee Papers Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment at Trial

Legal Issues

  1. 1 How the accident occurred
  2. 2 Whether D1, D2 and/or D3 were occupiers under OSHO
  3. 3 Whether occupiers breached s7 OSHO (state of premises vs activity)

Ratio Decidendi

Court found D2 and D3 jointly liable in negligence: D2 employed unlicensed/incompetent operator (Ma) and D2/D3 had sufficient control and opportunity to supervise the system of work; D3 was also an occupier and co-operator of the premises. The accident arose from activity (manner of driving) not the state of premises so s7 OSHO did not apply to found liability against D1; D1 had no sufficient control/proximity and its claim against plaintiff was dismissed. Plaintiff was not contributorily negligent. Contractual indemnities (2007 Agreement and June Letter) and admissions bound D2 and D3 to indemnify D1 for costs.

Court Disposition

Judgment for plaintiff against 2nd Defendant (Faith Enterprise (H K) Limited) and 3rd Defendant (Lau Choi Kee Papers Company Limited) in the net sum of HK$552,172.98; claim against 1st Defendant dismissed.

Orders

  • Judgment for plaintiff against 2nd and 3rd defendants in the sum of HK$552,172.98
  • Interest: 2% per annum on general damages from date of Writ to date of judgment; interest on special damages from date of accident to date of judgment at half judgment rate and thereafter at judgment rate until payment