TAM YUEN HOI v. 陳牧成 AND OTHERS

TAM YUEN HOI v. 陳牧成 AND OTHERS

Plaintiff failed to prove, on balance of probabilities, that the plywood board came loose and caused the accident; credible evidence showed the 3rd Defendant had suitable and adequate systems to secure the plywood covering and to inspect it; as a result no defendant was liable and the claim was dismissed.

Citation
TAM YUEN HOI v. 陳牧成 AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant (absent): 4th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2003
Case Number
HCPI983/2001
Procedural Posture
Personal Injury (workplace Accident) / Judgment (trial)
Outcome
Claim dismissed; no liability established against any Defendants; Plaintiff may pursue no-fault Employees Compensation Ordinance remedy
Legal Topics
Contributory Negligence, Res Ipsa Loquitur, Quantum of Damages, Apportionment, Definition of Occupier, Regulation 38 A(2) of Construction Sites (safety) Regulations
Source Language
EN
Personal Injury Occupiers Liability Construction Safety/regulation Employer's Liability Vicarious Liability Negligence Statutory Duty Contributory Negligence +5 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant (absent)

Procedural Posture

Personal Injury (workplace Accident) / Judgment (trial)

Legal Issues

  1. 1 identity of the Plaintiff's employer
  2. 2 how the accident occurred
  3. 3 whether employer breached duty to provide a safe system of work or statutory duty

Ratio Decidendi

Plaintiff failed to prove, on balance of probabilities, that the plywood board came loose and caused the accident; credible evidence showed the 3rd Defendant had suitable and adequate systems to secure the plywood covering and to inspect it; as a result no defendant was liable and the claim was dismissed.

Court Disposition

Claim dismissed; no liability established against any Defendants; Plaintiff may pursue no-fault Employees Compensation Ordinance remedy

Orders

  • Order nisi that the Plaintiff pay the costs of the Defendants to be taxed, including costs of the 3rd Defendant's notice of contribution and indemnity
  • Plaintiff's own costs to be taxed in accordance with Legal Aid Regulations