SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

Plaintiff failed to prove on the balance of probabilities that the sand or slippery surface caused the skidding or that the occurrence was an unusual event shifting the burden; absent proof of causation and prima facie negligence, defendants are not liable. Even if burden had shifted, defendants failed to adduce...

Source-derived case information.

Citation
SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS
Parties
Plaintiff: Siu Man Hai; 1st Defendant (owner of Car Park): The Link Management Limited; 2nd Defendant (management Company): Synergis Management Services Limited; 3rd Defendant (cleaning Contractor): ISS Hong Kong Services Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 April 2016
Case Number
DCPI2567/2012
Procedural Posture
Personal Injuries Action (negligence/occupiers Liability) / Trial Judgment (district Court)
Outcome
Plaintiff's claims dismissed for failure to prove causation and negligence; costs awarded to defendants; plaintiff's own costs taxed under Legal Aid Regulations; costs order nisi to become absolute in 14 days; engagement of counsel certified.
Legal Topics
Causation, Duty of Care, Prima Facie Case, Contributory Negligence, Damages (loss of Earnings, Mpf), Evidence and Proof, Inspection and Maintenance Obligations
Source Language
en
Tort Negligence Occupiers' Liability Personal Injury Law Procedure (burden of Proof) Causation Duty of Care Prima Facie Case +4 more

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Parties

Siu Man Hai

Plaintiff

The Link Management Limited

1st Defendant (owner of Car Park)

Synergis Management Services Limited

2nd Defendant (management Company)

ISS Hong Kong Services Limited

3rd Defendant (cleaning Contractor)

Procedural Posture

Personal Injuries Action (negligence/occupiers Liability) / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether sand or slippery surface caused the motorcycle to skid (causation)
  2. 2 Whether a prima facie case of negligence/occupiers' liability was established and whether defendants discharged their duties
  3. 3 Whether the plaintiff was contributorily negligent and the appropriate apportionment

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that the sand or slippery surface caused the skidding or that the occurrence was an unusual event shifting the burden; absent proof of causation and prima facie negligence, defendants are not liable. Even if burden had shifted, defendants failed to adduce primary evidence (patrol staff and patrol logs) to show an adequate system. Accordingly the plaintiff's claims are dismissed.

Court Disposition

Plaintiff's claims dismissed for failure to prove causation and negligence; costs awarded to defendants; plaintiff's own costs taxed under Legal Aid Regulations; costs order nisi to become absolute in 14 days; engagement of counsel certified.

Orders

  • Claims dismissed
  • Costs to defendants, to be taxed if not agreed