SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

On the balance of probabilities the defendant was negligent and breached contractual and statutory duties in respect of both accidents (21 Sep 2002 and 20 Jul 2004); the plaintiff's injuries and losses were caused or materially contributed to by those accidents; the defendant is liable to pay damages as quantified by the court (judgment sum HKD 1,801,005) and interest as directed.

Citation
SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD
Parties
Plaintiff: SINGH SUKHDEV; Defendant: GREAT EXPECT DEVELOPMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 November 2007
Case Number
HCPI753/2005
Procedural Posture
Personal Injuries Action / Judgment (reasons for Judgment Handed Down 29 November 2007)
Outcome
Judgment for the Plaintiff against the Defendant
Legal Topics
Employer Liability, Safe System of Work, Causation, Quantum of Damages, Contributory Negligence, Medical Evidence
Source Language
EN
Tort Negligence Employment Law Personal Injury Statutory Employer's Duty Employer Liability Safe System of Work Causation +3 more

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Parties

SINGH SUKHDEV

Plaintiff

GREAT EXPECT DEVELOPMENT LIMITED

Defendant

Procedural Posture

Personal Injuries Action / Judgment (reasons for Judgment Handed Down 29 November 2007)

Legal Issues

  1. 1 Whether defendant was negligent in relation to two workplace accidents
  2. 2 Whether defendant breached employment contract and statutory duties
  3. 3 Causation of plaintiff's lumbar pathology and loss

Ratio Decidendi

On the balance of probabilities the defendant was negligent and breached contractual and statutory duties in respect of both accidents (21 Sep 2002 and 20 Jul 2004); the plaintiff's injuries and losses were caused or materially contributed to by those accidents; the defendant is liable to pay damages as quantified by the court (judgment sum HKD 1,801,005) and interest as directed.

Court Disposition

Judgment for the Plaintiff against the Defendant

Orders

  • Judgment for the Plaintiff in the sum of HKD 1,801,005
  • Interest: 2% on PSLA from date of issue of writ in the second action; interest on pre-trial pecuniary loss (pre-trial earnings loss and special damages) at half judgment rate from date of second accident until judgment