SIT SAI KIT v. NG TAK WAH t/a WAH KEE PLUMBING ENGINEERING CO AND ANOTHER

SIT SAI KIT v. NG TAK WAH t/a WAH KEE PLUMBING ENGINEERING CO AND ANOTHER

The defendants were liable because they failed to rebut the plaintiff's credible account of dangerous stacking; plaintiff's credibility generally upheld though court found 5% contributory negligence for failure to take care; damages quantified by accepted daily wage, 26 working days a month, a 15x multiplier for future loss, awards for pain and suffering and other heads reduced by contributory negligence, ECC credit applied, and interest ordered on specified components.

Citation
SIT SAI KIT v. NG TAK WAH t/a WAH KEE PLUMBING ENGINEERING CO AND ANOTHER
Parties
Plaintiff: Sit Sai Kit; 1st Defendant: Ng Tak Wah trading as WAH KEE PLUMBING ENGINEERING COMPANY; 2nd Defendant: Yuen Cheong Plumbing & Drainage Enginering Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 October 2008
Case Number
DCPI1850/2007
Procedural Posture
Personal Injuries / Judgment
Outcome
Judgment for Plaintiff against both Defendants
Legal Topics
Liability, Contributory Negligence, Damages Assessment, Loss of Earnings, Loss of Earning Capacity, Mitigation, Interest and Costs
Source Language
EN
Torts Occupiers' Liability Employment Law Personal Injury Damages Liability Contributory Negligence Damages Assessment +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Sit Sai Kit

Plaintiff

Ng Tak Wah trading as WAH KEE PLUMBING ENGINEERING COMPANY

1st Defendant

Yuen Cheong Plumbing & Drainage Enginering Company Limited

2nd Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether defendants (employer and occupier) were liable for injury caused by improperly stacked materials
  2. 2 Whether plaintiff was contributorily negligent and the appropriate apportionment
  3. 3 Quantum of damages for pain and suffering, past and future loss of earnings, loss of earning capacity, future medical expenses, and special damages

Ratio Decidendi

The defendants were liable because they failed to rebut the plaintiff's credible account of dangerous stacking; plaintiff's credibility generally upheld though court found 5% contributory negligence for failure to take care; damages quantified by accepted daily wage, 26 working days a month, a 15x multiplier for future loss, awards for pain and suffering and other heads reduced by contributory negligence, ECC credit applied, and interest ordered on specified components.

Court Disposition

Judgment for Plaintiff against both Defendants

Orders

  • Judgment entered for the Plaintiff against both Defendants in the sum of HKD 1103572.35
  • Interest on HKD 190,000 at 2% per annum from date of writ to date of judgment