CHAN WAI LUN ROBIN v. KAI SHING MANAGEMENT SERVICES LTD AND OTHERS

CHAN WAI LUN ROBIN v. KAI SHING MANAGEMENT SERVICES LTD AND OTHERS

The judge preferred and accepted the defendants' witnesses over the plaintiff, found the plaintiff used a supermarket trolley which toppled causing the injuries, found no evidence of recent mopping or a wet slippery floor, and concluded the plaintiff failed to prove the defendants were negligent or breached statutory duty; therefore the plaintiff's claim was dismissed.

Citation
CHAN WAI LUN ROBIN v. KAI SHING MANAGEMENT SERVICES LTD AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant (Manager of the Plaza); 2nd Defendant: 2nd Defendant (Owner of the Plaza); 3rd Defendant: 3rd Defendant (Sub-contractor - cleaning services)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2004
Case Number
HCPI153/2003
Procedural Posture
Personal Injury Negligence and Occupiers' Liability / Judgment at Trial (high Court)
Outcome
Plaintiff's claim dismissed for failure to establish liability
Legal Topics
Slip and Fall, Credibility of Witnesses, Causation, Quantum of Damages, Contributory Negligence
Source Language
EN
Tort Negligence Occupiers Liability Personal Injury Slip and Fall Credibility of Witnesses Causation Quantum of Damages +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant (Manager of the Plaza)

1st Defendant

2nd Defendant (Owner of the Plaza)

2nd Defendant

3rd Defendant (Sub-contractor - cleaning services)

3rd Defendant

Procedural Posture

Personal Injury Negligence and Occupiers' Liability / Judgment at Trial (high Court)

Legal Issues

  1. 1 Whether a cleaner had just mopped the corridor outside the K2 shop
  2. 2 Whether the cleaner was staff of the defendants
  3. 3 Whether the corridor floor outside the K2 shop was wet and slippery

Ratio Decidendi

The judge preferred and accepted the defendants' witnesses over the plaintiff, found the plaintiff used a supermarket trolley which toppled causing the injuries, found no evidence of recent mopping or a wet slippery floor, and concluded the plaintiff failed to prove the defendants were negligent or breached statutory duty; therefore the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed for failure to establish liability

Orders

  • Claim dismissed
  • Order nisi that costs of the action are costs to the defendants