17 Nov 2008
WAN TSZ NOK AND ANOTHER v. HUNG FAI ELECTRICAL ENGINEERING LTD AND OTHERS
- Citation
- WAN TSZ NOK AND ANOTHER v. HUNG FAI ELECTRICAL ENGINEERING LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI1117/2004
The court held that Roctec and Polycom were not occupiers of the premises and, in any event, had discharged any common duty of care; reg 38A(3) imposes the non-delegable statutory duty on the contractor responsible for the site (the principal contractor, CCECC) not on specialist sub-contractors like Roctec; Baptist University, as owner, was a co-occupier but had reasonably entrusted the works to competent contractors and satisfied the four-point test under Yeung Kam Fuk; the defendants' negligence (principal contractor and subcontractors) was the sole cause of the fatality; therefore third-pa…