Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Civil liability (contribution) ordinance s3

Legal area

Court

31 Jan 2011

CHAN CHING SANG v. WEI KEH WEI VICTOR AND ANOTHER

Citation

CHAN CHING SANG v. WEI KEH WEI VICTOR AND ANOTHER
Court

District Court
Case number

DCPI926/2009

The court applied s25(1)(b) Employees' Compensation Ordinance and s3 Civil Liability (Contribution) Ordinance and held the 2nd Defendant was entitled to recover from the 1st Defendant the full sums paid and incurred (including compensation, settlement sums and legal costs), awarding recovery of $826,361 plus interest and costs.
25 Feb 2005

YARDWAY MOTORS LTD v. TAM SIU LUN

Citation

YARDWAY MOTORS LTD v. TAM SIU LUN
Court

Court of Appeal
Case number

CACV135/2003

Appeal dismissed. The Court held that the Civil Liability (Contribution) Ordinance s3 permits recovery of contribution where there is a common liability in respect of the same damage to the same person (dependant/estate); CLCO thereby enables the employer to claim contribution in this case because the ECO s6 recipients were also dependants so there was common liability. By contrast, ECO s25 is to be read as not providing for recovery by an employer who is himself partly at fault; s25 addresses the blameless employer and does not provide an apportionment mechanism for employer fault. CLCO righ…