PANG KWAN v. LUEN HING CONSTRUCTION & ENGINEERING LTD AND ANOTHER

PANG KWAN v. LUEN HING CONSTRUCTION & ENGINEERING LTD AND ANOTHER

The judge found the plaintiff's account unreliable on the balance of probabilities due to material inconsistencies with contemporaneous accounts given to the safety officer and medical staff, serious credibility issues including fabricated mainland hospital receipts, and more reliable testimony from the safety...

Source-derived case information.

Citation
PANG KWAN v. LUEN HING CONSTRUCTION & ENGINEERING LTD AND ANOTHER
Parties
Plaintiff: Pang Kwan; First Defendant: Luen Hing Construction & Engineering Limited; Second Defendant: China State Construction Engineering (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2007
Case Number
HCPI334/2005
Procedural Posture
Personal Injuries (hcpi 334/2005) / Judgment (court of First Instance)
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Breach of Contract of Employment, Contributory Negligence, Quantum, Causation, Credibility of Witnesses
Source Language
en
Torts Employment Law Occupiers' Liability Personal Injury Law Negligence Breach of Contract of Employment Contributory Negligence Quantum +2 more

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Parties

Pang Kwan

Plaintiff

Luen Hing Construction & Engineering Limited

First Defendant

China State Construction Engineering (Hong Kong) Limited

Second Defendant

Procedural Posture

Personal Injuries (hcpi 334/2005) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the defendants were negligent or in breach of duty leading to plaintiff's fall from scaffold
  2. 2 Whether the plaintiff's account of falling from the 3rd level scaffold is reliable
  3. 3 Whether contributory negligence arose from failure to use safety belt

Ratio Decidendi

The judge found the plaintiff's account unreliable on the balance of probabilities due to material inconsistencies with contemporaneous accounts given to the safety officer and medical staff, serious credibility issues including fabricated mainland hospital receipts, and more reliable testimony from the safety officer; therefore the plaintiff failed to prove the accident occurred as alleged and the claim was dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Order nisi as to costs: unless either party applies within 14 days to be heard on costs, the defendants' costs be taxed if not agreed and be paid by the plaintiff, save that any costs occasioned by the early adjournment at 4.10 p.m. on 28 February 2007 be paid by the defendants