TSANG HING CHEUNG v. CHAN PO LING STELLA AND OTHERS

TSANG HING CHEUNG v. CHAN PO LING STELLA AND OTHERS

Engaging an apparently competent independent contractor for window replacement did not impose a non-delegable duty on the occupiers because the work was not inherently extra-hazardous nor was it work upon or projecting over a highway; 2nd defendant was not an occupier; the 4th defendant (worker) was negligent and the 3rd defendant had judgment in default, but the plaintiff's assessed damages were entirely offset by employees' compensation received, so no net award to plaintiff and actions against 1st and 2nd and against 4th were dismissed.

Citation
TSANG HING CHEUNG v. CHAN PO LING STELLA AND OTHERS
Parties
Plaintiff: Tsang Hing Cheung; 1st Defendant (occupier/owner): Chan Po Ling Stella; 2nd Defendant (co Owner): Tsui Yun Ho Pat; 3rd Defendant (contractor): Wai Fat Aluminium Engineering Limited; 4th Defendant (employee of 3rd Defendant): Au Chi Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2002
Case Number
HCPI869/2001
Procedural Posture
Personal Injuries Action / Judgment Delivered (liability and Quantum)
Outcome
Judgment for defendants in respect of 1st and 2nd; no net judgment for plaintiff against 3rd and 4th after set-off; 4th defendant found liable in fact but plaintiff's claim dismissed by effect of employees' compensation set-off; default judgment previously entered against 3rd defendant for liability with damages to...
Legal Topics
Independent Contractor Liability, Non Delegable Duty, Extra Hazardous Operations, Work on or Near Highway, Damages Assessment, Set Off for Employees' Compensation, Conveyancing Formalities
Source Language
EN
Tort Negligence Occupiers' Liability Statutory Offence Independent Contractor Liability Non Delegable Duty Extra Hazardous Operations Work on or Near Highway +3 more

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Parties

Tsang Hing Cheung

Plaintiff

Chan Po Ling Stella

1st Defendant (occupier/owner)

Tsui Yun Ho Pat

2nd Defendant (co Owner)

Wai Fat Aluminium Engineering Limited

3rd Defendant (contractor)

Au Chi Hung

4th Defendant (employee of 3rd Defendant)

Procedural Posture

Personal Injuries Action / Judgment Delivered (liability and Quantum)

Legal Issues

  1. 1 Whether occupiers (1st and 2nd defendants) owed a non-delegable duty for contractor's negligence
  2. 2 Whether the window replacement was an extra-hazardous operation or work on/over a highway
  3. 3 Whether the 2nd defendant held beneficial/occupier status at time of accident

Ratio Decidendi

Engaging an apparently competent independent contractor for window replacement did not impose a non-delegable duty on the occupiers because the work was not inherently extra-hazardous nor was it work upon or projecting over a highway; 2nd defendant was not an occupier; the 4th defendant (worker) was negligent and the 3rd defendant had judgment in default, but the plaintiff's assessed damages were entirely offset by employees' compensation received, so no net award to plaintiff and actions against 1st and 2nd and against 4th were dismissed.

Court Disposition

Judgment for defendants in respect of 1st and 2nd; no net judgment for plaintiff against 3rd and 4th after set-off; 4th defendant found liable in fact but plaintiff's claim dismissed by effect of employees' compensation set-off; default judgment previously entered against 3rd defendant for liability with damages to...

Orders

  • Plaintiff's action against the 1st and 2nd defendants dismissed
  • Plaintiff's action against the 4th defendant dismissed