MOHAMMAD WAJED v. CHEUNG PIK CHU RUBY AND OTHERS

MOHAMMAD WAJED v. CHEUNG PIK CHU RUBY AND OTHERS

The plaintiff's account was riddled with inconsistencies and inherent improbabilities, he deliberately concealed multiple prior and subsequent personal injury proceedings and relevant medical/employment history, a material witness was unavailable without satisfactory explanation, adverse inferences were drawn; on the balance of probabilities plaintiff failed to prove the accident occurred as alleged and failed to establish defendants' liability; claim dismissed and costs awarded on an indemnity basis; writ registration at Land Registry vacated.

Citation
[2022] HKDC 574
Parties
Plaintiff: Mohammad Wajed; 1st Defendant (registered Owner of Flat 5 B): Cheung Pik Chu Ruby; 2nd Defendant (renovation Contractor): Wah Fung Decoration Material Limited; 3rd Defendant (representing Collective Owners / Management Committee): Law Kam Lun; Fan Siu On; Lai Yuet Ming (on behalf of owners of On On Building); 4th Defendant (discontinued): The Incorporated Owners of On On Building, Tsuen Wan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 June 2022
Case Number
DCPI2419/2017
Procedural Posture
Personal Injuries Action / Judgment (trial Concluded)
Outcome
Plaintiff's claim dismissed against the 1st and 3rd defendants; costs awarded to defendants on an indemnity basis; Land Registry registration of writ vacated; default judgment against 2nd defendant noted but may be open to being set aside by that defendant
Legal Topics
Trip and Fall on Staircase, Occupiers' Duty (olo Cap 314), Breach of Deed of Mutual Covenant, Contributory Proceedings, Credibility and Concealment of Prior Proceedings, Indemnity Costs, Vacation of Land Registration, Default Judgment
Source Language
EN
Personal Injury Negligence Occupiers' Liability Property/common Parts Maintenance Civil Procedure Abuse of Process Costs Law Trip and Fall on Staircase Occupiers' Duty (olo Cap 314) +6 more

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Parties

Mohammad Wajed

Plaintiff

Cheung Pik Chu Ruby

1st Defendant (registered Owner of Flat 5 B)

Wah Fung Decoration Material Limited

2nd Defendant (renovation Contractor)

Law Kam Lun; Fan Siu On; Lai Yuet Ming (on behalf of owners of On On Building)

3rd Defendant (representing Collective Owners / Management Committee)

The Incorporated Owners of On On Building, Tsuen Wan

4th Defendant (discontinued)

Procedural Posture

Personal Injuries Action / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether plaintiff proved on balance of probabilities that he tripped over renovation materials/sandbags on the common staircase and that defendants breached duties of care
  2. 2 Whether defendants (1st/3rd) owed and breached occupiers' duties under the Occupiers Liability Ordinance and duties under the DMC
  3. 3 Whether plaintiff's credibility is impeached by deliberate concealment of multiple other proceedings and inconsistencies in evidence

Ratio Decidendi

The plaintiff's account was riddled with inconsistencies and inherent improbabilities, he deliberately concealed multiple prior and subsequent personal injury proceedings and relevant medical/employment history, a material witness was unavailable without satisfactory explanation, adverse inferences were drawn; on the balance of probabilities plaintiff failed to prove the accident occurred as alleged and failed to establish defendants' liability; claim dismissed and costs awarded on an indemnity basis; writ registration at Land Registry vacated.

Court Disposition

Plaintiff's claim dismissed against the 1st and 3rd defendants; costs awarded to defendants on an indemnity basis; Land Registry registration of writ vacated; default judgment against 2nd defendant noted but may be open to being set aside by that defendant

Orders

  • Claim dismissed against 1st and 3rd defendants
  • Costs of main action and contributory proceedings to be paid by plaintiff on an indemnity basis