Hong Kong Case Law: Decisions & Judgments

Topic

Contribution under civil liability (contribution) ordinance

Legal area

Court

27 Mar 2020

YAU PO SHAN v. THE EXPRESS LIFT CO LTD AND ANOTHER

Citation

[2020] HKDC 165
Court

District Court
Case number

DCPI2370/2014

The court held the 1st offer was a valid sanctioned offer by plaintiff (construed as made separately to each defendant on the same occasion) and plaintiff beat that offer at trial; accordingly O.22 r.24 was triggered and the 1st defendant was ordered to pay plaintiff indemnity costs from 21 April 2018, enhanced interest on the damages awarded at 6% above judgment rate from 21 April 2018 until judgment, and interest on costs at 5% p.a. from 21 April 2018 until this costs judgment. The court found it was reasonable for plaintiff to have joined and pursued the 2nd defendant and exercised its dis…
8 May 2017

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING AND ANOTHER

Citation

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING AND ANOTHER
Court

Court of First Instance
Case number

HCMP3430/2016

The Court allowed the one‑day extension and held the Recorder erred in finding no causation from the third parties' admitted breaches; the third parties' conduct contributed to the plaintiff's injuries and, having regard to the defendants' non‑delegable duties, apportionment of liability at 75% to the defendants and 25% to the third parties is just and equitable; costs follow the event.
10 Dec 2014

BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

Citation

BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS
Court

Court of First Instance
Case number

HCPI301/2012

The court interpreted its earlier order as requiring the 3rd defendant to pay 33.5% of the gross damages assessed or agreed before deduction of employees' compensation. This construction best effectuates the purpose of contribution proceedings under s4(1) of the Civil Liability (Contribution) Ordinance by apportioning the full value of the plaintiffs' claim according to each tortfeasor's responsibility and avoiding a windfall to a tortfeasor who did not pay employees' compensation.
6 Jan 2012

CHAN CHUNG LEUNG v. DHL EXPRESS (HONG KONG) LTD AND ANOTHER

Citation

CHAN CHUNG LEUNG v. DHL EXPRESS (HONG KONG) LTD AND ANOTHER
Court

District Court
Case number

DCPI1759/2010

The Court found on the evidence that the Third Party breached express obligations in the Subcontract by failing to brief the Plaintiff on the Defendant's Safety Rules; the injury occurred while the Plaintiff was performing services under the Subcontract and therefore arose from and was in connection with the provision of services; clause 9.2 operates to require the Third Party to indemnify the Defendant for the settlement amount, interest and costs, and consequently the Defendant is entitled to full indemnity from the Third Party.
12 Dec 2008

CHENG WAI LI v. FAR EAST ALUMINIUM WORKS CO LTD AND OTHERS

Citation

CHENG WAI LI v. FAR EAST ALUMINIUM WORKS CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV115/2008

The Court held the 1st defendant is entitled to contribution under the CLCO in respect of the full amount awarded to the plaintiff including sums paid under the ECO; liability is apportioned equally with each defendant responsible for one-third of the total amount paid by the 1st defendant, and the 2nd and 3rd defendants must pay the 1st defendant's appeal costs (taxed unless agreed).

Hong Kong Case Law

YAU PO SHAN v. THE EXPRESS LIFT CO LTD AND ANOTHER

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING AND ANOTHER

BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

CHAN CHUNG LEUNG v. DHL EXPRESS (HONG KONG) LTD AND ANOTHER

CHENG WAI LI v. FAR EAST ALUMINIUM WORKS CO LTD AND OTHERS