RANJIT SINGH v. U – WIN CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER

RANJIT SINGH v. U – WIN CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER

Judge accepted the plaintiff's credible account that he fell from a working platform while assisting dismantling scaffolding; documentary and defence evidence (site diary, witness statements, post-accident reports) were insufficient to displace that account; defendants were therefore negligent and in breach of statutory duties for permitting unsafe work by an unqualified labourer and failing adequate supervision; contributory negligence abandoned; damages assessed accordingly.

Citation
[2018] HKCFI 149
Parties
Plaintiff: Ranjit-Singh; 1st Defendant: U-Win Construction & Engineering Company Limited; 2nd Defendant: Fraser Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2018
Case Number
HCPI667/2016
Procedural Posture
Personal Injuries Action (high Court, Court of First Instance) / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Fall From Scaffolding, Negligence, Breach of Statutory Duty, Causation, Quantum of Damages, Contributory Negligence, Evidence Assessment, Employer Supervision
Source Language
EN
Personal Injury Employment Law Occupational Safety Construction Law Tort Statutory Duty Fall From Scaffolding Negligence +6 more

Case Brief

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Parties

Ranjit-Singh

Plaintiff

U-Win Construction & Engineering Company Limited

1st Defendant

Fraser Construction Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action (high Court, Court of First Instance) / Judgment

Legal Issues

  1. 1 Whether the plaintiff fell from scaffolding while assisting dismantling work as he alleged
  2. 2 Whether the defendants were negligent and breached statutory duties in permitting/causing unsafe work by an unqualified labourer
  3. 3 Whether the site diary and other post-accident material undermine the plaintiff's account

Ratio Decidendi

Judge accepted the plaintiff's credible account that he fell from a working platform while assisting dismantling scaffolding; documentary and defence evidence (site diary, witness statements, post-accident reports) were insufficient to displace that account; defendants were therefore negligent and in breach of statutory duties for permitting unsafe work by an unqualified labourer and failing adequate supervision; contributory negligence abandoned; damages assessed accordingly.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the sum of HK$1,174,011 plus interest to be agreed
  • Costs order nisi in favour of the plaintiff to become final 14 days after handing down unless an application to vary is made by written submissions not exceeding three pages