WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER

WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER

Court found primary responsibility with Yiu Wing (and Luen Fat jointly) for constructing and permitting use of an unsafe canopy and Trifairco liable for designing an operating system that required use of the canopy without ensuring safety; apportioned responsibility 75% to Luen Fat and Yiu Wing and 25% to Trifairco;...

Source-derived case information.

Citation
WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER
Parties
Plaintiff: WONG LEUNG CHI; 1st Defendant: LUEN FAT CIVIL ENGINEERING LIMITED; 2nd Defendant: YIU WING CONSTRUCTION COMPANY LIMITED (in liquidation); Third Party: TRIFAIRCO ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 August 2004
Case Number
HCPI975/2002
Procedural Posture
Personal Injuries Action No. 975 of 2002 / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff against Luen Fat Civil Engineering Limited and Yiu Wing Construction Company Limited; contribution apportioned such that Luen Fat and Yiu Wing bear 75% of responsibility and Trifairco 25%; total damages awarded HK$1,567,986.
Legal Topics
Post Concussional Syndrome, Assessment of Damages, Loss of Earnings, Apportionment of Liability, Mitigation of Loss, Civil Liability (contribution) Ordinance
Source Language
en
Personal Injury Occupational Safety Negligence Tort Law Contribution Between Tortfeasors Post Concussional Syndrome Assessment of Damages Loss of Earnings +3 more

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Parties

WONG LEUNG CHI

Plaintiff

LUEN FAT CIVIL ENGINEERING LIMITED

1st Defendant

YIU WING CONSTRUCTION COMPANY LIMITED (in liquidation)

2nd Defendant

TRIFAIRCO ENGINEERING COMPANY LIMITED

Third Party

Procedural Posture

Personal Injuries Action No. 975 of 2002 / Judgment (court of First Instance)

Legal Issues

  1. 1 Liability for negligence between contractor, subcontractor and equipment supplier
  2. 2 Apportionment of contribution under Civil Liability (Contribution) Ordinance s4
  3. 3 Assessment of damages for personal injury including PSLA, past and future loss of earnings and special damages

Ratio Decidendi

Court found primary responsibility with Yiu Wing (and Luen Fat jointly) for constructing and permitting use of an unsafe canopy and Trifairco liable for designing an operating system that required use of the canopy without ensuring safety; apportioned responsibility 75% to Luen Fat and Yiu Wing and 25% to Trifairco; awarded plaintiff damages totalling HK$1,567,986 and allowed $12,000 for recommended private treatment while applying mitigation principles to loss of earnings.

Court Disposition

Judgment for the Plaintiff against Luen Fat Civil Engineering Limited and Yiu Wing Construction Company Limited; contribution apportioned such that Luen Fat and Yiu Wing bear 75% of responsibility and Trifairco 25%; total damages awarded HK$1,567,986.

Orders

  • Damages awarded to plaintiff in the total sum of HK$1,567,986 composed as set out in judgment
  • Apportionment of responsibility: Luen Fat and Yiu Wing 75%, Trifairco 25% for contribution purposes