NGAI YIP CONSTRUCTION ENGINEERING LTD v. STARWAY CONSTRUCTION ENGINEERING (ASIA) LTD AND OTHERS

NGAI YIP CONSTRUCTION ENGINEERING LTD v. STARWAY CONSTRUCTION ENGINEERING (ASIA) LTD AND OTHERS

Plaintiff who paid employees of the 16th defendant pursuant to section 43F of the Employment Ordinance is entitled to recover from the 16th defendant an indemnity of $114,548.00; the claimed $2,700.00 for a failed review is not recoverable; interest awarded at judgment rate from 11 November 2004 until payment; costs...

Source-derived case information.

Citation
NGAI YIP CONSTRUCTION ENGINEERING LTD v. STARWAY CONSTRUCTION ENGINEERING (ASIA) LTD AND OTHERS
Parties
Plaintiff: NGAI YIP CONSTRUCTION ENGINEERING LIMITED; 1st Defendant: STARWAY CONSTRUCTION ENGINEERING (ASIA) LIMTIED; 8th Defendant: MAN YAU PLUMBING COMPANY LIMITED; 9th Defendant: WAH FUNG SCAFFOLDING WORKS LIMITED; 10th Defendant: HOPEFUL ENGINEERING COMPANY; 11th Defendant: DUK CONSTRUCTION (INTERNATIONAL) LIMITED; 12th Defendant: DRILLCUT LIMITED; 13th Defendant: KAI YUEN ENGINEERING COMPANY; 14th Defendant: WING SHAN ENGINEERING LIMITED; 15th Defendant: KIN LING PLUMBING ENGINEERING COMPANY; 16th Defendant: SUN SHING ENGINEERING COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2006
Case Number
HCA781/2004
Procedural Posture
Action No. 781 of 2004 (civil Indemnity Assessment) / Assessment Hearing (ex Parte)
Outcome
Plaintiff's application against the 16th defendant allowed in part.
Legal Topics
Indemnity, Subcontractor Liability, Section 43 F Employment Ordinance, Interest, Costs, Labour Tribunal Proceedings
Source Language
en
Employment Law Contract Law Civil Procedure Indemnity Subcontractor Liability Section 43 F Employment Ordinance Interest Costs +1 more

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Parties

NGAI YIP CONSTRUCTION ENGINEERING LIMITED

Plaintiff

STARWAY CONSTRUCTION ENGINEERING (ASIA) LIMTIED

1st Defendant

MAN YAU PLUMBING COMPANY LIMITED

8th Defendant

WAH FUNG SCAFFOLDING WORKS LIMITED

9th Defendant

HOPEFUL ENGINEERING COMPANY

10th Defendant

DUK CONSTRUCTION (INTERNATIONAL) LIMITED

11th Defendant

DRILLCUT LIMITED

12th Defendant

KAI YUEN ENGINEERING COMPANY

13th Defendant

WING SHAN ENGINEERING LIMITED

14th Defendant

KIN LING PLUMBING ENGINEERING COMPANY

15th Defendant

SUN SHING ENGINEERING COMPANY

16th Defendant

Procedural Posture

Action No. 781 of 2004 (civil Indemnity Assessment) / Assessment Hearing (ex Parte)

Legal Issues

  1. 1 Whether plaintiff who paid employees of subcontractor under s43F Employment Ordinance is entitled to indemnity from the subcontractor
  2. 2 Whether costs of a review application to the Labour Tribunal are recoverable from the subcontractor
  3. 3 Proper date from which interest should run

Ratio Decidendi

Plaintiff who paid employees of the 16th defendant pursuant to section 43F of the Employment Ordinance is entitled to recover from the 16th defendant an indemnity of $114,548.00; the claimed $2,700.00 for a failed review is not recoverable; interest awarded at judgment rate from 11 November 2004 until payment; costs of the assessment awarded to plaintiff to be taxed if not agreed.

Court Disposition

Plaintiff's application against the 16th defendant allowed in part.

Orders

  • Assessment of indemnity in favour of plaintiff against 16th defendant in the sum of $114,548.00
  • Claim for $2,700.00 (costs of Labour Tribunal review) refused and not recoverable from 16th defendant