20 Aug 2015
THE HONG KONG ELECTRIC CO LTD v. KIN WING FOUNDATIONDS LTD
- Citation
- THE HONG KONG ELECTRIC CO LTD v. KIN WING FOUNDATIONDS LTD
- Court
- Court of First Instance
- Case number
- HCCT10/2011
Plaintiff failed to prove on the balance of probabilities that the defendant’s excavation caused the cable damage; the court accepted defendant witnesses and expert evidence that the excavator bucket could not have contacted the cable and preferred the defendant expert’s internal-failure / disturbance theories as plausible alternative causes; res ipsa loquitur did not apply because a plausible non-negligent explanation existed; moreover the Regulation does not give rise to a private cause of action for the plaintiff. Accordingly the plaintiff’s negligence and statutory-duty claims fail and th…