SIU LEONG CHING v. PROFESSIONAL SCAFFOLDING ENGINEERING CO LTD AND OTHERS

SIU LEONG CHING v. PROFESSIONAL SCAFFOLDING ENGINEERING CO LTD AND OTHERS

Court found the 1st defendant liable in negligence because although safety equipment was supplied it failed to ensure erection/installation of independent lifeline, anchorage points and safety net (non-delegable duty); the 2nd defendant was liable for breach of statutory duty as evidenced by its admitted conviction;...

Source-derived case information.

Citation
SIU LEONG CHING v. PROFESSIONAL SCAFFOLDING ENGINEERING CO LTD AND OTHERS
Parties
Plaintiff: Siu Leong Ching; 1st Defendant: Professional Scaffolding Engineering Company Limited; 2nd Defendant: Michael Chiang & Associates Limited; Third Party: Tong Yuen Kwong trading as A-TECH DESIGN & CONTRACTING CO.; Fourth Party: Yan Yip Wai trading as FOO LAI COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2004
Case Number
HCPI70/2003
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants
Legal Topics
Negligence, Contributory Negligence, Res Ipsa Loquitur, Vicarious Liability, Breach of Statutory Duty, Damages Assessment, Non Delegable Duty
Source Language
en
Tort Personal Injury Employment Law Occupiers Liability Statutory/regulatory Enforcement Construction Safety Negligence Contributory Negligence +5 more

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Parties

Siu Leong Ching

Plaintiff

Professional Scaffolding Engineering Company Limited

1st Defendant

Michael Chiang & Associates Limited

2nd Defendant

Tong Yuen Kwong trading as A-TECH DESIGN & CONTRACTING CO.

Third Party

Yan Yip Wai trading as FOO LAI COMPANY

Fourth Party

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1st defendant (employer) breached a non-delegable duty to provide a safe place and system of work
  2. 2 Whether the 2nd defendant (main contractor) was liable for breach of statutory duty under construction safety regulations and whether its conviction was relevant evidence
  3. 3 Causation for scaffold collapse and adequacy of safety measures (lifeline, anchorage, safety net)

Ratio Decidendi

Court found the 1st defendant liable in negligence because although safety equipment was supplied it failed to ensure erection/installation of independent lifeline, anchorage points and safety net (non-delegable duty); the 2nd defendant was liable for breach of statutory duty as evidenced by its admitted conviction; plaintiff was contributorily negligent (25%) for failing to ascertain existing dismantling steps before mounting scaffold; damages assessed and reduced accordingly.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants

Orders

  • Judgment for plaintiff in the sum of 1223310.25 HKD against both defendants jointly and severally
  • Costs order nisi: defendants to pay plaintiff's costs to be taxed if not agreed; plaintiff's own costs to be taxed in accordance with Legal Aid Regulations