SIT LOI SANG v. C & H ENGINEERING CO LTD AND ANOTHER

SIT LOI SANG v. C & H ENGINEERING CO LTD AND ANOTHER

On the balance of probabilities the plaintiff was an employee of the 1st defendant and was injured while making an explosive mixture in the container; the defendants were liable for the resulting injuries and the plaintiff was entitled to the assessed damages and costs.

Citation
SIT LOI SANG v. C & H ENGINEERING CO LTD AND ANOTHER
Parties
Plaintiff: Sit Loi Sang; 1st Defendant: C & H Engineering Company Limited; 2nd Defendant: PentaoceanPeako Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2012
Case Number
HCPI637/2009
Procedural Posture
Personal Injuries Action (no 637 of 2009) / Judgment (court of First Instance, 31 August 2012)
Outcome
Plaintiff's claim allowed; defendants liable to plaintiff.
Legal Topics
Liability, Causation, Quantum, Loss of Earnings, Res Ipsa Loquitur, Credibility
Source Language
EN
Personal Injury Negligence Employment Law Workplace Safety Damages Liability Causation Quantum +3 more

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Parties

Sit Loi Sang

Plaintiff

C & H Engineering Company Limited

1st Defendant

PentaoceanPeako Joint Venture

2nd Defendant

Procedural Posture

Personal Injuries Action (no 637 of 2009) / Judgment (court of First Instance, 31 August 2012)

Legal Issues

  1. 1 Cause of fire (whether fire caused by explosive mixture)
  2. 2 Employer liability for workplace safety
  3. 3 Credibility of plaintiff given inconsistent accounts

Ratio Decidendi

On the balance of probabilities the plaintiff was an employee of the 1st defendant and was injured while making an explosive mixture in the container; the defendants were liable for the resulting injuries and the plaintiff was entitled to the assessed damages and costs.

Court Disposition

Plaintiff's claim allowed; defendants liable to plaintiff.

Orders

  • Judgment for plaintiff for total damages of HKD 1,969,580.00.
  • Deduct any employees' compensation already received from the judgment sum.