RAJWINDER SINGH v. MAN HUNG KWAN AND ANOTHER

RAJWINDER SINGH v. MAN HUNG KWAN AND ANOTHER

The judge found the plaintiff an unreliable and dishonest witness, accepted the 1st defendant's account that the incident was staged to extract money, concluded there was no proven liability on the balance of probabilities, and dismissed the plaintiff's claim; accordingly no compensatory award was made though the judge set out hypothetical quantum had liability been established.

Citation
RAJWINDER SINGH v. MAN HUNG KWAN AND ANOTHER
Parties
Plaintiff: Rajwinder Singh; 1st Defendant: Man Hung Kwan; 2nd Defendant (dismissed): Lo Wai Man trading as Wai Lun Furniture & Decoration
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 January 2016
Case Number
DCPI17/2013
Procedural Posture
Personal Injuries Action / Judgment (trial) Handed Down 28 January 2016
Outcome
Claim against 1st defendant dismissed; earlier dismissal of 2nd defendant noted
Legal Topics
Employer Liability, Negligence, Assessment of Damages, Evidence and Witness Credibility, Employees' Compensation
Source Language
EN
Personal Injury Employment Civil Procedure Employer Liability Negligence Assessment of Damages Evidence and Witness Credibility Employees' Compensation

Case Brief

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Parties

Rajwinder Singh

Plaintiff

Man Hung Kwan

1st Defendant

Lo Wai Man trading as Wai Lun Furniture & Decoration

2nd Defendant (dismissed)

Procedural Posture

Personal Injuries Action / Judgment (trial) Handed Down 28 January 2016

Legal Issues

  1. 1 Whether the accident occurred as alleged by the plaintiff or was staged
  2. 2 Credibility of the plaintiff and reliability of witnesses (including alleged intermediary 'Jacky')
  3. 3 Whether the 1st defendant owed and breached duties (negligence, implied employer duties, statutory duty)

Ratio Decidendi

The judge found the plaintiff an unreliable and dishonest witness, accepted the 1st defendant's account that the incident was staged to extract money, concluded there was no proven liability on the balance of probabilities, and dismissed the plaintiff's claim; accordingly no compensatory award was made though the judge set out hypothetical quantum had liability been established.

Court Disposition

Claim against 1st defendant dismissed; earlier dismissal of 2nd defendant noted

Orders

  • Plaintiff's claim dismissed
  • Costs awarded to the 1st defendant to be paid by the plaintiff on an indemnity basis