NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER

NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER

D2 (the occupier/property manager) breached statutory and common law duties by failing to take reasonable steps to ensure safe working conditions and is jointly and severally liable with D1; plaintiff was not contributorily negligent; liability is apportioned equally (50/50) between D1 and D2.

Citation
NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER
Parties
Plaintiff: NG CHUN MO; 1st Defendant: WAIHONG ENVIRONMENT SERVICES LIMITED (formerly WAI HONG CLEANING & PEST CONTROL COMPANY LIMITED); 2nd Defendant: CITYBASE PROPERTY MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2011
Case Number
HCPI869/2008
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for plaintiff. Defendants jointly and severally liable. Apportionment of liability between 1st and 2nd defendants: 50% each. Plaintiff awarded damages totalling HKD 6,800,000 inclusive of Employees Compensation Ordinance payments and interest to date of judgment. Plaintiff not contributorily negligent.
Legal Topics
Apportionment of Liability, Contributory Negligence, Duty of Occupier, Occupational Safety and Health Compliance, Construction Sites (safety) Regulations, Employee Compensation Deduction
Source Language
EN
Occupiers' Liability Personal Injury Workplace Safety Negligence Statutory/regulatory Compliance Contribution Between Tortfeasors Apportionment of Liability Contributory Negligence +4 more

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Parties

NG CHUN MO

Plaintiff

WAIHONG ENVIRONMENT SERVICES LIMITED (formerly WAI HONG CLEANING & PEST CONTROL COMPANY LIMITED)

1st Defendant

CITYBASE PROPERTY MANAGEMENT LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd Defendant (occupier/property manager) was liable for the plaintiff's injuries
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Apportionment of liability between employer (D1) and occupier (D2) under Civil Liability (Contribution) Ordinance

Ratio Decidendi

D2 (the occupier/property manager) breached statutory and common law duties by failing to take reasonable steps to ensure safe working conditions and is jointly and severally liable with D1; plaintiff was not contributorily negligent; liability is apportioned equally (50/50) between D1 and D2.

Court Disposition

Judgment for plaintiff. Defendants jointly and severally liable. Apportionment of liability between 1st and 2nd defendants: 50% each. Plaintiff awarded damages totalling HKD 6,800,000 inclusive of Employees Compensation Ordinance payments and interest to date of judgment. Plaintiff not contributorily negligent.

Orders

  • Judgment entered for plaintiff against 1st and 2nd defendants for total damages of HKD 6,800,000 inclusive of EC payments and interest to date of judgment
  • Liability apportioned 50/50: each defendant liable for HKD 3,400,000