YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS

YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS

The Court found the plaintiff was employed by the 1st defendant who breached the duty to provide a safe system of work by supplying only a folding ladder; the 2nd defendant was vicariously liable for its employee Yu Hang's negligence in failing to hold the ladder; the 3rd defendant was not liable because there was...

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Citation
YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS
Parties
Plaintiff: YU PUN YUEN; 1st Defendant: NG KWOK MAN trading as EAST MOUNTAIN ENGINEERING COMPANY (Bankrupt); 2nd Defendant: YIM SHEK CHUNG trading as HANG FAT ENGINEERING COMPANY; 3rd Defendant: JETCO CATERING EQUIPMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 May 2003
Case Number
HCPI293/2002
Procedural Posture
Personal Injuries Action / Judgment After Trial
Outcome
Judgment for the plaintiff against the 1st and 2nd defendants; claim against the 3rd defendant dismissed.
Legal Topics
Negligence, Contributory Negligence, Vicarious Liability of Employer, Duty of Principal Contractor, Assessment of Damages, Set Off for Statutory Compensation, Interest on Damages
Source Language
en
Tort Personal Injury Vicarious Liability Occupiers' Liability Employment Law Damages Negligence Contributory Negligence +5 more

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Parties

YU PUN YUEN

Plaintiff

NG KWOK MAN trading as EAST MOUNTAIN ENGINEERING COMPANY (Bankrupt)

1st Defendant

YIM SHEK CHUNG trading as HANG FAT ENGINEERING COMPANY

2nd Defendant

JETCO CATERING EQUIPMENT COMPANY LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial

Legal Issues

  1. 1 Was the plaintiff employed by the 1st defendant or the 2nd defendant?
  2. 2 Did the 1st defendant breach a duty to provide a safe system of work by providing only a folding ladder?
  3. 3 Was the 2nd defendant vicariously liable for the negligence of Yu Hang?

Ratio Decidendi

The Court found the plaintiff was employed by the 1st defendant who breached the duty to provide a safe system of work by supplying only a folding ladder; the 2nd defendant was vicariously liable for its employee Yu Hang's negligence in failing to hold the ladder; the 3rd defendant was not liable because there was no evidence it knew or ought to have known of the unsafe method in the short period; plaintiff's contributory negligence assessed at 20% reduced recoverable damages, and ECC compensation is to be credited against the award.

Court Disposition

Judgment for the plaintiff against the 1st and 2nd defendants; claim against the 3rd defendant dismissed.

Orders

  • Costs: plaintiff to pay costs of 3rd defendant, to be taxed if not agreed