TAM HON LEUNG v. NG WAI HING AND OTHERS

TAM HON LEUNG v. NG WAI HING AND OTHERS

The plaintiff was an independent contractor of the 1st Defendant but all three Defendants (1st, 2nd and 3rd) were concurrent occupiers and owed common law and statutory duties under the Occupier's Liability Ordinance; they each breached the duty to ensure a ground guide/checker during operation of a front loader (Eagle) and the 2nd Defendant's driver failed to take adequate care; defendants are jointly and severally liable; plaintiff's damages reduced by 25% for contributory negligence.

Citation
TAM HON LEUNG v. NG WAI HING AND OTHERS
Parties
Plaintiff: Tam Hon Leung; 1st Defendant: Ng Wai Hing and Chim Wai Ming trading as Professional Engineering Company; 2nd Defendant: Gallantly Limited; 3rd Defendant: Hoi Kong Container Services Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2006
Case Number
HCPI1176/2003
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff against the 1st, 2nd and 3rd Defendants (jointly and severally liable).
Legal Topics
Employment Status (employee V Independent Contractor), Duty of Care of Concurrent Occupiers, Statutory Duty Under Occupier's Liability Ordinance, Causation and Breach, Quantum and Apportionment of Damages
Source Language
EN
Negligence Occupier's Liability Personal Injury Contributory Negligence Damages Employment Status (employee V Independent Contractor) Duty of Care of Concurrent Occupiers Statutory Duty Under Occupier's Liability Ordinance +2 more

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Parties

Tam Hon Leung

Plaintiff

Ng Wai Hing and Chim Wai Ming trading as Professional Engineering Company

1st Defendant

Gallantly Limited

2nd Defendant

Hoi Kong Container Services Co. Ltd

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether plaintiff was an employee of the 1st Defendant or an independent contractor
  2. 2 Whether each Defendant breached duties of care (common law negligence and statutory occupier's duty)
  3. 3 Whether contributory negligence by the plaintiff reduces damages

Ratio Decidendi

The plaintiff was an independent contractor of the 1st Defendant but all three Defendants (1st, 2nd and 3rd) were concurrent occupiers and owed common law and statutory duties under the Occupier's Liability Ordinance; they each breached the duty to ensure a ground guide/checker during operation of a front loader (Eagle) and the 2nd Defendant's driver failed to take adequate care; defendants are jointly and severally liable; plaintiff's damages reduced by 25% for contributory negligence.

Court Disposition

Judgment for the Plaintiff against the 1st, 2nd and 3rd Defendants (jointly and severally liable).

Orders

  • Damages awarded in aggregate before reduction: HKD 2,637,431.22
  • Reduce damages by 25% for contributory negligence: HKD 659,357.81