Hong Kong Case Law: Decisions & Judgments

Topic

Duty of occupier

Legal area

Court

24 Jul 2017

WONG WAI HAY THOMAS v. HONG KONG HOUSING AUTHORITY AND ANOTHER

Citation

WONG WAI HAY THOMAS v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Court

Court of First Instance
Case number

HCPI636/2012

On the balance of probabilities the plaintiff failed to prove that the defendants breached any duty that caused or contributed to his fall; contemporaneous CCTV evidence showed the board did not move and the plaintiff's left foot did not slip until his right knee was almost on the pavement, the defendants had reasonable cleaning practices and no dangerous drain condition existed, therefore liability is dismissed.
11 May 2012

WONG POU YIN KENNIE v. MAXIM\'S CATERERS LTD

Citation

WONG POU YIN KENNIE v. MAXIM\'S CATERERS LTD
Court

Court of First Instance
Case number

HCPI753/2009

Plaintiff failed to prove on balance of probabilities that the accident was caused by a wet and slippery floor or that the defendant breached any duty; plaintiff's evidence was found not credible, medical evidence did not establish that the accident substantially caused or aggravated the pre-existing cervical condition or the psychiatric illness, therefore the common law claim is dismissed and defendant discharged duty.
4 Jul 2011

NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER

Citation

NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI869/2008

D2 (the occupier/property manager) breached statutory and common law duties by failing to take reasonable steps to ensure safe working conditions and is jointly and severally liable with D1; plaintiff was not contributorily negligent; liability is apportioned equally (50/50) between D1 and D2.
5 May 2008

LAU CHU WING v. LAW WAI SHING AND OTHERS

Citation

LAU CHU WING v. LAW WAI SHING AND OTHERS
Court

District Court
Case number

DCPI1389/2007

The court found the driver Law Wai Shing negligent for intentionally stopping in the prohibited yellow blocks and failing to look using his left mirror before moving; the plaintiff had been contributorily negligent (50%) for failing to give any warning and for moving across the front of the lorry with his back to it; Underwriter Security and ATL were not liable to the plaintiff on the evidence; in the alternative, if ATL were liable Underwriter Security would indemnify ATL and the driver would bear 75% contribution between defendants; damages were quantified and reduced by EC payment and 50%…
3 Jul 2001

WONG WOON HEI v. DICKSON CONSTRUCTION CO., LTD. AND OTHERS

Citation

WONG WOON HEI v. DICKSON CONSTRUCTION CO., LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI521/2000

Both defendants were negligent in providing an unsafe ladder-and-plank system, failing to keep the floor reasonably safe and failing to provide safe equipment or instruction; the plaintiff was not contributorily negligent; causation established that movement on wet floor caused the platform to shake leading to fall; plaintiff cannot return to work as a painter and is entitled to damages as quantified by the court.

Hong Kong Case Law

WONG WAI HAY THOMAS v. HONG KONG HOUSING AUTHORITY AND ANOTHER

WONG POU YIN KENNIE v. MAXIM\'S CATERERS LTD

NG CHUN MO v. WAIHONG ENVIRONMENT SERVICES LTD AND ANOTHER

LAU CHU WING v. LAW WAI SHING AND OTHERS

WONG WOON HEI v. DICKSON CONSTRUCTION CO., LTD. AND OTHERS