CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.

CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.

On the balance of probabilities the 1st Defendant breached Reg 10(4) by failing to provide an easily adjustable crown guard that extended as low as practicable and breached Reg 6 by not ensuring the floor was kept free of debris so far as practicable; the 2nd Defendant (employer) was responsible for providing the unsafe saw and permitting a hazardous system of work; those breaches caused the Plaintiff's injury. Plaintiff was contributorily negligent to the extent of 15%. Damages were assessed, statutory compensation deducted, and liability apportioned 25% to 1st Defendant and 75% to 2nd Defendant.

Citation
CHAN YU CHAU v. FONG ON CONSTRUCTION & ENGINEERING CO. LTD.
Parties
Plaintiff: Plaintiff; 1st Defendant (principal Contractor): Fong On Construction and Engineering Co. Ltd; 2nd Defendant (subcontractor / Employer): Yeung Kin Kong (estate represented by Yeung Kim Ho); Intervenor: Employees Compensation Assistance Fund Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 2002
Case Number
HCPI753/2000
Procedural Posture
Personal Injury (industrial Accident) / Judgment at Trial
Outcome
Judgment for Plaintiff against both Defendants in the sum of $981,145 (after deduction of Employees Compensation), with interest and apportioned liability
Legal Topics
Negligence, Breach of Statutory Duty (machine Guarding and Site Cleanliness), Contributory Negligence, Quantum of Damages, Apportionment of Liability
Source Language
EN
Tort Occupiers' Liability Workplace Safety and Regulation Employment Law Statutory Duty Insurance/compensation Negligence Breach of Statutory Duty (machine Guarding and Site Cleanliness) +3 more

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Parties

Plaintiff

Plaintiff

Fong On Construction and Engineering Co. Ltd

1st Defendant (principal Contractor)

Yeung Kin Kong (estate represented by Yeung Kim Ho)

2nd Defendant (subcontractor / Employer)

Employees Compensation Assistance Fund Board

Intervenor

Procedural Posture

Personal Injury (industrial Accident) / Judgment at Trial

Legal Issues

  1. 1 Whether 1st Defendant breached Reg 10(4) (guarding of circular saw) of the Woodworking Machinery Regulations
  2. 2 Whether 1st Defendant breached Reg 6 (floor maintenance) of the Woodworking Machinery Regulations
  3. 3 Whether 2nd Defendant (employer/subcontractor) breached duties in supplying unsafe equipment and unsafe system of work

Ratio Decidendi

On the balance of probabilities the 1st Defendant breached Reg 10(4) by failing to provide an easily adjustable crown guard that extended as low as practicable and breached Reg 6 by not ensuring the floor was kept free of debris so far as practicable; the 2nd Defendant (employer) was responsible for providing the unsafe saw and permitting a hazardous system of work; those breaches caused the Plaintiff's injury. Plaintiff was contributorily negligent to the extent of 15%. Damages were assessed, statutory compensation deducted, and liability apportioned 25% to 1st Defendant and 75% to 2nd Defendant.

Court Disposition

Judgment for Plaintiff against both Defendants in the sum of $981,145 (after deduction of Employees Compensation), with interest and apportioned liability

Orders

  • Judgment awarded to Plaintiff in the sum of HKD 981,145
  • Interest on general damages at 2% per annum from date of writ to judgment and on special damages at half judgment rate from date of accident to date of judgment, after deduction of any interest paid in respect of Employees Compensation; post-judgment interest at judgment rate until payment