WANG ON CONSTRUCTION ENGINEERING LTD. v. LO CHOK YIN AND OTHERS

WANG ON CONSTRUCTION ENGINEERING LTD. v. LO CHOK YIN AND OTHERS

The court found as a matter of fact that the second defendant was the main contractor and that the workman was its employee; the second defendant failed to prove any subcontracting to the first defendant; accordingly the second defendant was vicariously liable and ordered to contribute 100% of the settlement and taxed costs paid by the third and fourth defendants.

Citation
WANG ON CONSTRUCTION ENGINEERING LTD. v. LO CHOK YIN AND OTHERS
Parties
Plaintiff: Wang On Construction Engineering Limited; 1st Defendant: Lo Chok Yin; 2nd Defendant: Evertech Company Limited; 3rd Defendant: China Aerospace International Holdings Limited; 4th Defendant: Casil Properties Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2000
Case Number
HCA18868/1998
Procedural Posture
Action for Damages (contract and Tort) / Judgment Following Trial on Contribution Claims
Outcome
Second defendant held 100% liable to contribute to amounts paid by third and fourth defendants; first defendant blameless.
Legal Topics
Vicarious Liability, Contribution Between Tortfeasors, Deed of Mutual Covenant Obligations, Apportionment of Liability
Source Language
EN
Tort Contract Property Law Civil Procedure Vicarious Liability Contribution Between Tortfeasors Deed of Mutual Covenant Obligations Apportionment of Liability

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Parties

Wang On Construction Engineering Limited

Plaintiff

Lo Chok Yin

1st Defendant

Evertech Company Limited

2nd Defendant

China Aerospace International Holdings Limited

3rd Defendant

Casil Properties Limited

4th Defendant

Procedural Posture

Action for Damages (contract and Tort) / Judgment Following Trial on Contribution Claims

Legal Issues

  1. 1 Whether the 2nd defendant was vicariously liable for the negligent act of the workman
  2. 2 Whether the 2nd defendant had validly subcontracted the work to the 1st defendant
  3. 3 Whether the 3rd and 4th defendants were entitled to contribution for amounts they paid in settlement

Ratio Decidendi

The court found as a matter of fact that the second defendant was the main contractor and that the workman was its employee; the second defendant failed to prove any subcontracting to the first defendant; accordingly the second defendant was vicariously liable and ordered to contribute 100% of the settlement and taxed costs paid by the third and fourth defendants.

Court Disposition

Second defendant held 100% liable to contribute to amounts paid by third and fourth defendants; first defendant blameless.

Orders

  • Second defendant to pay 100% of the amount paid into court by the third and fourth defendants in settlement of the plaintiff's claim, including taxed costs
  • Second defendant to meet costs of the third and fourth defendants; taxed if not agreed; order as to costs nisi at first instance